On Sept. 14, 2009, a lawyer representing Hansen Beverage Company contacted Matt Nadeau, owner and operator of Rock Art Brewery in Morrisville, Vermont, with intent to file suit against the brewery for trademark infringement. Hansen deemed Rock Art’s label of ‘Vermonster’ beer too close to that of its own, ‘Monster’ Energy Drink, in favor of Hansen’s future plans to enter the malt beverage industry.
Nadeau founded Rock Art, a small Vermont microbrewery, in his basement 10 years ago. The brewery now supports nine employees out of a warehouse in the small town of Morrisville, VT. Several lawyers advised Nadeau he would lose the legal battle due to the superior financial resources available to Hansen Beverage Company, regardless who was right or wrong.
On Oct. 2, Derek Hallquist and Austin Pritchard, partners at a Vermont-based production company, Green River Pictures (GRPVT), contacted Nadeau in support of Rock Art. They suggested the creation of an online video and its power to win a battle via the online community. It was an attempt to draw Americans to the side of the perceived weaker party.
On Oct. 13, Nadeau met with GRPVT at Rock Art Brewery. The production company recognized an interview-based video as the best method to convey the issue. They needed to create a carefully formulated distribution strategy to reach the right audience and gain momentum for the story. GRPVT and Nadeau created a clear-cut message, both compelling and poignant, to draw support through the nation’s innate distrust of big companies and big governments against the rights of the individual.
GRPVT made an educated decision of choosing YouTube as the best access point for fast penetration into the viral market, as it is the most well known. YouTube’s features including comment posting and video rating increased opportunities for the video to spread through additional social networking venues, as well as the ability to track the number of viewers. Rock Art’s video quickly began to average 10,000 viewers each day.
Monster’s actions were legal and understandable, as U.S. trademark law is such that a prudent business is wise to be vigilant and aggressive in protecting its brand. However, in this case, corporate America ran afoul of the power of social networking. The week following the Youtube video debut, customers and distributors were boycotting Monster Energy Drink. Letters from angry citizens nationwide were pouring in Hansen Beverage Company’s inbox.
On Wednesday, October 21st, 2009, faced with a growing public retaliation from across the nation and the world, Hansen officially withdrew its complaint against Rock Art.
The Nadeau’s and Rock Art Brewery are happy with the outcome but hope their experience will stand for more than a personal business victory. Their story is a powerful example how strategic use of social networking media can give a little company a big voice. The video brought the public into the fray, and the strength of popular opinion kept Rock Art Brewery out of court.
