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Fanny Wang Monster Lawsuit Ends with a Whimper

by October 18, 2011
Fanny Wang - Monster Cable lawsuit ends quietly

Fanny Wang - Monster Cable lawsuit ends quietly

It seems ages ago that we reported on Monster Cable suing Fanny Wang over their headphones which had a passing similarity to their Beats by Dr. Dre. The lawsuit has been going on for more than a year but the process, which began by a lawsuit filed in December of 2010 by Beats Electronics, LLC and Monster Cable Products Inc. (Beats by Dr. Dre) against Fanny Wang Headphone Co, has come to an end. The suit, which we felt was extremely frivolous, was based on a design patent, not any proprietary technology, and accused Fanny Wang of infringing on US Design Patent D552,077. Last week, the lawsuit was settled by both parties. Of highest note, there was apparently no award assigned and neither of the two headphones companies paid the other any money.

The lawsuit was particularly noteworty among Monster Cable's numerous onerous and typically frivolous lawsuits because it involved the company seeking to move for a temporary restraining order to prevent Fanny Wang’s sale of headphones as well as their attendance at CES 2010. Fortunately, the Federal judge for the Northern District of California rejected the proposed restraining order, citing a lack of clear and convincing evident of consumer confusion. That confusion and lack of clear and convincing evidence remains to this day, though our initial response was that Fanny Wangs did indeed look similar to Beats by Dr. Dre - just not enough to exceed the typical similarities found in every other manufacturing demographic.

The end result is that all parties involved in the original suit: Fanny Wang Headphone Co, Beats Electronics, LLC and Monster Cable Products, Inc., have agreed to end the litigation, and "steps will be made to avoid any future consumer confusion". Fanny Wang doesn't seem to have been very affected by the whole process and gets to continue to sell its line of headphones.

SCOTTR posts on October 21, 2011 15:04
I have decided I will not ever by another Monster product of ANY kind if I can help it!!!! I am actually tempted to toss all my monster interconnects. I got em back when I was stupid…Anyone want a power center?
sholling posts on October 20, 2011 20:47
mtrycrafts, post: 836948
I wonder how much color difference before being on safe ground?
No telling. I only remember the lawsuits against Chinese imports with similar colors because I worked for B&D at the time.
mtrycrafts posts on October 20, 2011 19:56
sholling, post: 836638
It's funny what you can trademark, style, color schemes etc. A good example is power tools. Each of the big manufacturers has trademarked their corporate colors and anyone producing a competing product in the same color as an established player is going to get sued.

I wonder how much color difference before being on safe ground?
Knucklehead90 posts on October 19, 2011 12:55
Monster must have a huge lawyer staff. Lawsuits aren't cheap so I suppose they need to keep em busy.

When are we going to pass a law in this country to help prevent frivolous lawsuits? Put the burden of proof on the one suing. Must be because we have lawyers running this country - congress - the president etc are almost always from a lawyering background. Can't pass laws that would hamper our ability to <strike>screw</strike> sue each other at the drop of a hat - eh?
sholling posts on October 19, 2011 02:45
It's funny what you can trademark, style, color schemes etc. A good example is power tools. Each of the big manufacturers has trademarked their corporate colors and anyone producing a competing product in the same color as an established player is going to get sued.
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Clint Deboer was terminated from Audioholics for misconduct on April 4th, 2014. He no longer represents Audioholics in any fashion.

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