Ferment Monster V Monster Energy
Donation protected
My name is Natalie Brookes, and I am a sole-trader and SCOBY Farmer, operating a small business called ‘Ferment Monster’, located half an hour south of Byron Bay, NSW.
[Picture courtesy of: Denise Alison, Humans of Lismore]
S.C.O.B.Y stands for Symbiotic Culture of Bacteria and Yeast. In other words, I grow living bacteria and yeast microorganisms, that are used as starter cultures to make fermented food and drinks. Yes it is a bit of an unusual occupation, but I love what I do.
Ferment Monster came about from my passion for health food, a sustainable environment and wanting to empower people to take control over their lifestyles and diet. It has all been made possible due to the generosity and support of friends, family and neighbours, helping to get the business formally off the ground in March 2015.
What this crowd funding campaign is all about
I believe the approach some large international corporations are taking toward protecting their intellectual property (IP) has gone beyond the scope of what the law is designed to protect entities against, which is theft and misuse of IP.
In my case for example Monster Energy are opposing my trademark application on the grounds that my logo is substantially identical and/or deceptively similar to their registered trademarks.
I have NOT infringed on the Monster Energy Corporation trademark.
Take a look at the both logo’s below; do you think they are substantially identical?
The Monster Energy Corporation claim that my trademark is likely to mislead or deceive individuals into believing that my goods are somehow associated or affiliated with their registered trademarks, and products owned by the Monster Energy Corporation.
Do you think these products are deceptively similar?
What small business will they target next?
I believe this is a cause worth fighting for. My logo uses a commonly available font type for the name of my business and a unique purposely-designed logo, that has no similarity to any of the monster energy corporation trademarks.
This trademark opposition is all related to the use of the word ‘Monster’ in my business name. Which the Monster Energy Corporation appear to claim exclusive rights, over a word found in the English dictionary.
Being a small business, my production and financial resources are limited. The opposition Monster Energy Corporation has made to my trade mark application, could spell the end of Ferment Monster. I have little capacity to defend myself against the Monster Energy Corporation, who have unlimited financial resources and use this as a weapon to quash smaller businesses like mine.
I find it completely devastating, that Monster Energy Corporation can over-extend, and abuse the law in this way. I am not the first small business they have bullied, and I am sure I will not be the last.
Apart from the fact that I have not done anything wrong, I cannot afford to start all over again. Everything you do in business is tied to the business name. The business registration, product labels, website, all documentation, everything.
What is needed
Your support is so important. By fighting the Monster Energy Corporation, I hope to help other small businesses in a similar situation, to fight and protect their livelihood, even when attacked by such a large corporate giant.
Why do I need this money?
It’s the principle that matters here. I am a small business, doing what I can to get by, and about to be destroyed by a corporation, simply because I used a word from the English dictionary in my business name.
How many other small businesses have been ruined by such unjust behavior?
Ways you can help:
On the 9th August 2016, I lodged my notice to defend.
To cover the basic legal costs required to fight Monster Energy, I will need to raise $25,000 AUD. However, it is likely that additional fees maybe required up to the value of $60,000 AUD.
Your financial support is greatly appreciated. If like me you would like to see an end to large corporations abusing their power and impacting on smaller businesses. Please donate to my crowd-funding campaign, to help me fight for what is right.
Beyond money— I need your help spreading the word
If you are unable to support this campaign financially, there are many ways you can still support me.
Please follow Ferment Monster on Facebook and/or Twitter and share or re-tweet posts with family and friends, or simply visit my website www.fermentmonster.com for updates.
And please watch my You Tube video (4.08 mins).
Thank you, in advance for your generosity and support to help save my passion and my business, and fight against the Monster Energy Corporation.Save
[Picture courtesy of: Denise Alison, Humans of Lismore]S.C.O.B.Y stands for Symbiotic Culture of Bacteria and Yeast. In other words, I grow living bacteria and yeast microorganisms, that are used as starter cultures to make fermented food and drinks. Yes it is a bit of an unusual occupation, but I love what I do.
Ferment Monster came about from my passion for health food, a sustainable environment and wanting to empower people to take control over their lifestyles and diet. It has all been made possible due to the generosity and support of friends, family and neighbours, helping to get the business formally off the ground in March 2015.
What this crowd funding campaign is all about
I believe the approach some large international corporations are taking toward protecting their intellectual property (IP) has gone beyond the scope of what the law is designed to protect entities against, which is theft and misuse of IP.
In my case for example Monster Energy are opposing my trademark application on the grounds that my logo is substantially identical and/or deceptively similar to their registered trademarks.
I have NOT infringed on the Monster Energy Corporation trademark.
Take a look at the both logo’s below; do you think they are substantially identical?
The Monster Energy Corporation claim that my trademark is likely to mislead or deceive individuals into believing that my goods are somehow associated or affiliated with their registered trademarks, and products owned by the Monster Energy Corporation.
Do you think these products are deceptively similar?
What small business will they target next?
I believe this is a cause worth fighting for. My logo uses a commonly available font type for the name of my business and a unique purposely-designed logo, that has no similarity to any of the monster energy corporation trademarks.
This trademark opposition is all related to the use of the word ‘Monster’ in my business name. Which the Monster Energy Corporation appear to claim exclusive rights, over a word found in the English dictionary.
Being a small business, my production and financial resources are limited. The opposition Monster Energy Corporation has made to my trade mark application, could spell the end of Ferment Monster. I have little capacity to defend myself against the Monster Energy Corporation, who have unlimited financial resources and use this as a weapon to quash smaller businesses like mine.
I find it completely devastating, that Monster Energy Corporation can over-extend, and abuse the law in this way. I am not the first small business they have bullied, and I am sure I will not be the last.
Apart from the fact that I have not done anything wrong, I cannot afford to start all over again. Everything you do in business is tied to the business name. The business registration, product labels, website, all documentation, everything.
What is needed
Your support is so important. By fighting the Monster Energy Corporation, I hope to help other small businesses in a similar situation, to fight and protect their livelihood, even when attacked by such a large corporate giant.
Why do I need this money?
It’s the principle that matters here. I am a small business, doing what I can to get by, and about to be destroyed by a corporation, simply because I used a word from the English dictionary in my business name.
How many other small businesses have been ruined by such unjust behavior?
Ways you can help:
On the 9th August 2016, I lodged my notice to defend.
To cover the basic legal costs required to fight Monster Energy, I will need to raise $25,000 AUD. However, it is likely that additional fees maybe required up to the value of $60,000 AUD.
Your financial support is greatly appreciated. If like me you would like to see an end to large corporations abusing their power and impacting on smaller businesses. Please donate to my crowd-funding campaign, to help me fight for what is right.
Beyond money— I need your help spreading the word
If you are unable to support this campaign financially, there are many ways you can still support me.
Please follow Ferment Monster on Facebook and/or Twitter and share or re-tweet posts with family and friends, or simply visit my website www.fermentmonster.com for updates.
And please watch my You Tube video (4.08 mins).
Thank you, in advance for your generosity and support to help save my passion and my business, and fight against the Monster Energy Corporation.Save
Organizer
Natalie Brookes
Organizer
Tuckombil NSW
