In what was a billed a David versus Goliath battle, it appears David has won again. Rock Art Brewery has been in a trademark battle with Monster Energy drinks over the use of the word "monster" in their The Vermonster barleywine style ale. It seem all is good for the small brewer due to the message that was put on their website late in the evening of October 21. The message reads the following:

Victory! America you have saved The Vermonster!! Your voice has caused corporate America to rethink its position. We can continue to brew our as we have since 2006!! Yea!! Huge victory for the people!! Power to the People, Power belongs to the People

There has still been no official statement released by Rock Art, but the word on the internet is that Hansen Beverage Company, maker of Monster energy drinks, will no longer pursue Rock Art as long as the brewery agrees to stay out of the energy drink business. This was previously suggested by Rock Art to Hansen in late September, but Hansen turned down the offer at that time.

**UPDATE** Rock Art has released a statement on their website. The statement is about four pages long and is basically a statement of gratitude and thanks to all of the supporters that stood up for Rock Art in this matter. Matt Nadeau, owner of Rock Art, pointed out that the use of the traditional media along with the common man through internet resources such as Facebook and Twitter is what caused this to be a victory for Rock Art. Nadeau is aware that without those resources, the outcome could have been much different for his brewery. Nadeau continues to outline the timeline of events since September 14th. He says it was not until the out pouring of support from the public (and some Vermont retailers going as far as removing Monster products from their shelves) that he was able to stop talking to Hansen's lawyers and start talks with Hansen's CEO, Rodney Sacks. It is then in the letter that Nadeau confirms that Hansen agreed to let them continue to produce The Vermonster as long as Rock Art does not venture into energy drinks.

Nadeau went on to ask for suggestions on how to keep these resources (notably the Facebook page, Vermonters and Craft Beer Drinkers Against Monster) alive to help small businesses and the everyday man in the future. Nadeau also hopes that the outcome of this situation could spark some sense in corporate America and that national reform will be made to better represent small business in the future. He concludes his statement with the following:

"This is a great victory for the citizens of this country as our world gets more and more complicated, and some may feel powerless. Remember this Victorious day of Oct. 22nd 2009. A day that proved citizens can and still do run this country in organic democracy. Your VOICE is your POWER and it will be heard." (to read the full letter go to Rock Art Brewery's website)**UPDATE**

This all started on September 14th when Matt Nadeau, owner of Rock Art Brewery, was hit with a cease and desist letter from Monster Energy . Hansen Beverage Company claimed that Rock Art's The Vermonster was infringing on their trademark and would cause confusion among their consumers. Hansen was requiring Nadeau to stop producing The Vermonster and pay for all of their legal services in this matter. Nadeau refused to give in to Hansen's demands and went to the media and internet for help. Groups on Facebook and Twitter got organized behind Rock Art, getting the word out quickly and even calling for a boycott of Monster products. The outpour of support was massive, and this is no doubt why Hansen decided to put an end to this situation. (Previous article here and for a full time line of events, beernews.org has it here)

With the news of Hansen backing off, I am sure Matt Nadeau can breath a sigh of relief. His small business, which only employs seven people, was prepared to take on a corporation that makes billions. If this went to court, odds are Hansen would wait for Nadeau to run out of funds to continue the fight, making Hansen winner of the case by default.

The outcome of this situation is great for multiple reasons. It is great for Nadeau and Rock Art because they got a huge amount of positive and deserving press, and hopefully sales go up for the small brewery as a result. It is good for small business because it shows corporate America that the little guy has a voice and the ability to fight back. Finally, this is also a great outcome for craft beer in general. This shows the nation and the world that there is a huge market of craft beer drinkers in America and, when threatened, they will defend what is theirs. It shows that craft beer is not just a trend, but that it is a community of family and friends that are always willing to help each other out. The people got organized for this situation, and public opinion rules. It does not get much cooler than that.

Hansen Beverage Company and Rock Art Brewery
Reach Trademark Agreement

October 26, 2009
Hansen Beverage Company and Rock Art Brewery today issued the following statement in connection with a recent trademark issue:

Hansen Beverage Company and Rock Art Brewery have reached an amicable agreement under which both companies' respective products will be protected - Hansen's Monster Energy® line of energy drinks and Rock Art's Vermonster beer products.

> Rodney Sacks, Hansen's chief executive officer, said: "We are pleased that we were able to resolve this matter expeditiously and put the concerns that had arisen behind us so that both parties can concentrate on their day-to-day businesses, selling their respective high-quality products. Our intent in this matter was simply to protect Hansen's trademarks and prevent any likelihood of confusion arising in the future through potential product extensions and was not to prevent Rock Art Brewery from selling their Vermonster beer."

> Matt Nadeau, owner of Rock Art Brewery, said: "Once Rodney and I were able to talk to each other we quickly appreciated each other's points of view and he acted reasonably, which allowed us to rapidly come to an agreement we are both happy with and allows both of us to move forward positively."
Contacts:

Rodney Sacks Matt Nadeau
Hansen Beverage Company Rock Art Brewery
(951) 739-6200 (802) 888-9400