For those in the Chicago area, I wanted to let you know that your editor here at BevReview.com, Steve Tanner (that's me!), will be speaking at a networking/education event this Thursday night, November 19… and you are invited! This monthly series of events is called Nightstand, and they are hosted by Headstand Media, a web design firm here in the city.

Yes, that's me in this goofy photo
(the guy with glasses, not the can!)

They've asked me to share about the legal fun we had last month… you remember, that whole "Monster Energy vs. BevReview.com" thing? Yeah, that was a lot of fun, wasn't it? And even though we haven't posted any updates on that situation, it did resolve positively. (We've held off talking about it while some conversations were still taking place behind-the-scenes; we'll post a full update soon!)

Anyway, the topic of my presentation? Social Media vs. Corporate America: A Monster-ous Case Study. Here's the event overview as shared on Headstand Media's site:

What happens when corporately-crafted public relations initiatives go bad and social media lets you know about it? We'll take a look at one such situation from October that targeted the folks behind Monster Energy drink. What happened, how did the company respond, and did the mobilization of fans via the 'net have an effect on the outcome?

We'll host a conversation facilitated by Steve Tanner, Editor of beverage review website, BevReview.com. A negative product review, overly litigious law firm, microbrewery in Vermont, and a horror film actor placed Steve in the middle of a battle with the folks at Monster Energy. He'll explain how "going viral" with his situation created a positive result in the end… but he won’t be providing any Monster Energy drinks for the discussion, so bring your own!

Sounds like fun, doesn't it? Over the years, I've worked with some of the folks at Headstand Media on various Web-based, non-beverage projects, so I'm honored to have been invited to share.

Here's the best part… if you are in the area, you can attend too! This is a free event; all you have to do is RSVP before Thursday night to attend. How about that?

It all takes place at…

Headstand Media
333 W. Wacker Dr.
Suite 850
Chicago IL 60606

Informal networking & food begins at 6 p.m. (yes, there's free food and drink!), introductions start at 7 p.m., followed by some beverage review guy talking at 8:30 p.m.

Here's the official information about the night. Just reply to that post with your RSVP information.

Hope to see some of you there!

- Steve

Here on BevReview.com, we not only like to review beverages (it's sort of in our name), but also speculate and discuss trends & patterns we often see in the industry. We don't claim to be experts on the matter, but hopefully, we give you something to think about every now and then.

And while we've been reviewing beverages in various capacities since 2001, something interesting happened last week. Apparently, a company didn't like what we were doing and decided to send their lawyers our way. Fun stuff!

Here's the context… I received what appeared to be a legitimate message from a law firm last week, submitted via a web-based contact form attached to my personal discussion forums, TannerWorld Junction. (Without actual mail headers, we cannot confirm if this message is authentic, but we have our hunches.) The message was written in regard to a beverage review I wrote in March 2007 and posted on those forums, in a time before we formally launched BevReview.com.

Monster Energy
(Photo by Steve Tanner, March 2007)

The complaint referred to this review of Monster Energy — which can also be found cross-posted here on BevReview. Just so you know, Monster Energy is owned by Hansen Beverage Company. Read the original review for yourself and see what you think.

Original review via TannerWorld Junction
(Source: forums.tannerworld.com)

For those interested, here's the text of the complaint, received via e-mail on Wednesday, October 7 at 9:31 a.m.

Name:
Legal

E-mail Address:
Legal@ce-ip.com

Comments:

Re: Hansen Beverage Company Trademark Infringement

To Whom It May Concern:

As I am sure you are aware, Hansen Beverage Company ("Hansen") is responsible for the production of the Hansen brand juice, teas and energy drinks and the Monster brand energy drinks. Relative to this business, Hansen owns many valuable designs, trademarks, trade dress and copyrights, which it uses to identify and market its Hansen and Monster brand products ("the Hansen Marks"). The Hansen marks are of great value to Hansen, as they are used to indicate that goods or services are affiliated with and monitored by Hansen. Considering this, every time the Hansen marks appear in the marketplace, Hansen's good name and reputation are on the line.

Hansen Beverage Company
(Source: hansens.com)

Legally, it is the responsibility of trademark owners to protect and control the use of their trademarks. Often the need and obligation to protect its marks places Hansen in a very difficult position. If Hansen allows its marks to be used in any way that does not signify that Hansen is the source of good or service, then the value and meaning of Hansen marks are diminished. If Hansen allows these issues to go unaddressed, it may lose its rights to the Hansen marks.

Hansen is fully aware of the fact that it would not be as successful as it is without the continued passion and devotion of Hansen and Monster enthusiasts. However, the way in which Hansen allows its trademarks to be used is strictly prescribed by law. Hansen simply cannot allow the Hansen marks to be used without its explicit authorization. For this reason, Hansen is forced to consistently monitor the use of the Hansen marks or risk losing ownership of those marks.

Continental Enterprises
(Source: ce-ip.com)

Continental Enterprises ("Continental") has been engaged by Hansen to help control the use of its mark. You are receiving this letter because Continental has received information that you advertised and/or sold products bearing one or more of the Hansen marks, or confusingly similar derivations thereof. We understand that the inclusion of the Hansen marks on your product may have been an oversight. However, on behalf of Hansen, Continental must demand that you discontinue your advertisement and sale of these products.

Upon your receipt and review of this letter, please contact our offices so that we may work toward a resolution of the issue that is satisfactory to all parties involved.

Sincerely,
Darlene R. Seymour
General Counsel
1292 East 91st St.
Indianapolis, IN 46240

P 317.818.0523
F 317.566.2453

http://forums.tannerworld.com/showthread.php?t=8751

The firm sending the complaint is identified as Continental Enterprises, which according to their website, "is an intellectual property consulting firm that takes a novel and aggressive approach to brand protection and infringement issues."

After the initial shock wore off, along with questioning "is this for real?", I talked with some associates who run similar websites that also feature reviews. After some consultation, we decided to withhold a response, waiting to see if a second communication would arrive and/or to verify the authenticity of the original complaint.

Well, yesterday, another e-mail arrived in our Inbox, again through the same web contact form. This time it arrived at 1:48 p.m. on October 18:

Name:
Legal Dept

E-mail Address:
Legaldept@ce-ip.com

Comments:

Re: Hansen Beverage Company Intellectual Property

To Whom It May Concern:

I have yet to receive a response to my prior correspondence with you.

Hansen Beverage Company considers this a serious matter and, if you do not take immediate steps to resolve this issue, they will be forced to take more aggressive action to protect their intellectual property rights.

I await your immediate response.

This correspondence is being sent in an attempt to achieve a prompt and informal resolution of this matter, and is thus privileged.

Nothing contained in and/or omitted from this letter or any prior communications is intended to be or should be considered an admission of any fact or a waiver of any right or defense, all of which are expressly reserved.

Sincerely,
Darlene Seymour
General Counsel
1292 East 91st St.
Indianapolis, IN 46240
P 317.818.0523
F 317.566.2453

Link of violation: http://forums.tannerworld.com/showthread.php?t=8751

First of all, to the folks at Hansen and Monster Energy… what the heck? Ever hear of "fair use". I fail to see anything in my reviews that could be considered us having "advertised and/or sold products bearing one or more of the Hansen marks, or confusingly similar derivations thereof."

Of course, the more ironic part… Hansen Beverage Company has previously provided BevReview.com with samples of their beverages for the purposes of online review. Perhaps the marketing/PR department should talk to the legal folks!

What's your take on all this? Post in the comments!

Monster Energy is made by the Monster Beverage Company of Corona, CA, which in turn is owned by Hansen Beverage Company. I mention that because the latest industry sales numbers from 2006 show that Hansen is now the #6 beverage company, due to its mix of soft drinks and energy drinks. It had a lot of growth last year and is now ahead of Red Bull in the marketplace according to Beverage Digest.

Speaking of Red Bull, that's typically what folks think of when they think "energy drink". Well, that and small can + high price! Monster came along with a can twice the size (16 oz. vs. 8.3 oz.), but kept the price the same. Thus they marketed that advantage in value, while still showing this edgy exterior.

Monster Energy is the flagship brand in the Monster family. It comes in a black can highlighted by a fluorescent green. The pulltab is also green. (Funny how Amp pretty much looks just like it!). The "energy blend" found in Monster Energy includes l-carnitine, glucose, inositol, glucuronolactone, and maltodextrin. It also has such exciting things as taurine, panax ginseng root extract, and B vitamins!

Oh, and lots of caffeine (10.00 mg/oz.). There's actually a warning on the back that reads: "Consume Responsibly — Limit 3 cans per day. Not recommended for children, pregnant women, or people sensitive to caffeine." Nice.

Upon opening the can, the best way I could describe it is that is smelled a lot like Jones Soda Candy. In case you have no experience with this, Jones Soda licensed their brand to a candy manufacturer and they are selling what can best be described as "fizzy PEZ" candies. Jones calls it a "carbonated candy" that you can "pop in your mouth and let it fizz, or drop 'em in your Jones Soda beverages as flavor boosters too!" In any case, Monster Energy smells like that stuff. Another analogy might be the taste of the syrup in a Fla-Vor-Ice freezer pops. You know when you are sucking out the flavored ice and all the ice is gone, leaving a strong syrup at the bottom? Somewhat fruity, kinda stuffy, definitely not like a cola.

The color of the drink was dark yellowish… I guess you could call it amber, but who really knows. Think apple juice with a somewhat red tint. As for the taste, well… it was odd. Think citrus + medicine. Yum! There wasn't a lot of carbonation (which reminded me somewhat of how Vault is being positioned as a hybrid soda/energy drink). The aftertaste was somewhat bitter, rather acidic. Not really pleasant, to tell you the truth. I actually couldn't quite place what the heck the flavor actually was. It starts out smooth, and then the aftertaste kicks in and ruins it. (Of course, this might also have to do with the fact that sucralose is listed as an ingredient.)

Overall, the taste was weird and I don't think I'd want to drink this again. Maybe I'm just not an energy drink guy.