MonaVie v. Lazy Man and Money [1]

In August and September of 2009, MonaVie LLC sent two cease-and-desist letters to Lazy Man and Money [2], a personal finance blog authored by Corey Whitlaw.  MonaVie produces, markets and distributes "MonaVie" juices, açai berry drinks that are rich in antioxidants. MonaVie promotes [3] its products as delivering "powerful antioxidants and phytonutrients to help fight free radicals and maintain your body's overall health."

The first letter [4] related to an April 16th, 2008 blog post [5], titled "MonaVie a Scam?".  In the post, Whitlaw critiqued the juice as being expensive and questioned the efficacy of the company's network marketing strategy. MonaVie's name appears in the URL of the blog post — http://www.lazymanandmoney.com/monavie-scam-was-my-wife-recruited-sell-snake-oil/ [5] — and is mentioned in the text, alongside a photograph of a bottle's nutrition information.  MonaVie's letter claimed that the post infringed on MonaVie's federally registered trademark and trade name. The letter explained that MonaVie "does not permit its name to be used in any URL or email address."  The letter requested that Lazy Man and Money stop using the mark. 

Whitlaw did not comply with MonaVie's request. He posted [4] and discussed the letter on his blog on August 28, 2009.

On September 11, 2009 The Consumerist [6] spoke with Doug Whitehead, MonaVie's General Counsel, who said that MonaVie's concerns are not with "user-visible content on the Lazy Man site," but instead with "the site's metadata, which includes MonaVie's name." 

MonaVie then sent a second cease-and-desist letter [7] to Whitlaw, claiming that Lazy Man and Money had infringed on MonaVie's trademark by using "MonaVie" in the blog's metatags:

<meta name="keywords" content="lending club,portfolio,alternative income,blogging,football,patriots,chase,credit cards,rewards programs,lay-offs,monavie,ted kennedy,law suit,trademark infringement,spreadsheets,budget planning,envelope system,jar system" />

<meta name="description" content="Is MonaVie a Scam? Hundreds of people weigh in on MonaVie, MonaVie's business model, and whether you should buy MonaVie." /><meta name="keywords" content="monavie, mona vie, monavie scam, mona vie scam, monavie juice, acai, acai scam,acai,acai scam,mona vie,mona vie scam,monavie scam" />

That day, Whitlaw used his blog to respond [7] to the letter, explaining why metatag keywords and descriptions do not affect ones ranking in search results.  He also distinguished his use of MonaVie's trademark from the facts of cases where trademark infringement was found.  

As of September 28, 2009, MonaVie has not pursued the matter further.