ORIGINAL: aaronk
...I haven't researched Monster Cable's record of success, but I strongly doubt they could actually win a lawsuit against any company using "Monster" to designate non-audio goods or services...
...It's certainly true that paying a nuisance settlement may make more economic sense than fighting a legal battle. But our system actually has good protections in place. E.g., when a lawsuit really is frivolous, there is a basic rule ("Rule 11") that allows both the frivolous party, and its lawyers, to be financially penalized -- courts definitely do impose these penalties, and they are often huge.
Monster's record of success in the courts in essentially non-existant because they have been very adept at keeping these cases *out* of court.
It seems their MO is basically to delay court proceedings as long as possible by filing for extensions (of their own complaints) and then ultimately paying off defendants who refuse to settle-- in other words, Monster sues, does their best to keep it out of court, delay proceedings, and to try to extract a settlement, typically involving an ongoing portion of revenues, then ultimately offers to drop the suit, and failing that, to their own defendent a cash payout if they insist on going to court.
I can't think of a better example of pure shakedown lawsuits.
Cheers.