Beats Electronics LLC is the subsidiary of Apple Inc.
that produces audio products. The
company was founded as Beats by Dr. Dre was formally established as a company in
2006. It was founded by well-known music
producer and rapper, Dr. Dre and former Interscope Geffen A&M Records
chairman, James Iovine. Beats Electronics
LLC has a US market share of at least 60% for headphones priced over US$100.,
and an estimated market valuation of US$1.5 billion.
The story of how Beats by Dr. Dre became Beats
Electronics LLC is the story of how a gangster from the streets outmanoeuvred
two major corporations for market domination.
In short, Dre hustled and succeeded.
The official story on Wikipedia and the company website is that Dr. Dre and Jimmy Iovine thought Apple’s earbuds were
inadequate. They said that if their
music was going to be pirated, then people should, at least, listen to it with
the best equipment possible. Allegedly, Dre
said to Iovine, “Man, it’s one thing that people steal my music; it’s another
thing to destroy the feeling of what I’ve worked on.” This is the publicity spiel.
The story of the rise of Beats Electronics LLC is the
story of the demise of Monster Cable. Monster
Cable was founded by Noel Lee in the late 1970s, and made its name in overpriced
cables and litigation. The company was a
corporate bully. Monster sued everybody
that had “Monster” in its name. According to the US Patent and Trademark
Office and court records, Monster Cable has gone after a mini-golf course, a
thrift shop, a used clothes shop, Walt Disney Co. and Pixar Animation for their
film, “Monsters, Inc.,” Bally Gaming International Inc. for its Monster Slots, Hansen
Beverage Co. for a Monster Energy drink and even the Chicago Bears, whose nickname
is “Monsters of the Midway.” This
aggressive legal strategy did not make them any friends. And people who have no friends, no matter how
big, are vulnerable.
Monster Cable did the actual engineering of the
headphones for Beats by Dr. Dre. Monster
Cable had built its market domination more on marketing than product
quality. Its market share was built on
the uncertain foundations of brand familiarity.
As an extension of their aggressive litigation
strategy, Monster Cable was notorious for claiming patents on basic
technological concepts. An example can
be seen in the response from Blue Jeans Cable, from the 28th March 2008: “Monster Cable recently wrote to us claiming that we had infringed
various design patents and trademarks owned by it or by its intellectual
property holding company in Bermuda, Monster Cable International, Ltd. We reviewed the patent and trademark filings
submitted by Monster Cable, and found that Monster’s claims were completely
frivolous - so frivolous, in fact, that there was something amusingly
appropriate about the fact that Monster's letter had arrived in our mailbox on
April Fools’ Day.”
In all this, Monster Cable’s products were notoriously
no better at doing their jobs than coat hangers, as can be found in this
example: Audiophile
Deathmatch: Monster Cables vs. a Coat Hanger. And when there are articles like these, all
the litigation in the world is not going to protect the brand. The cables were copper wires sheathed in
plastic. There is only so much that can
be done to make them work better. The best
marketing does not change basic physics.
But that marketing cost was passed on to the consumer, raising the price
of a mediocre product exorbitantly.
Thus, Monster Cables had painted themselves into a
corner and needed Beats by Dr. Dre more than the latter needed it. Monster Cables thought that the hype of a
celebrity endorsement and the promise of further celebrity endorsements by
contacts in the entertainment industry would overcome the negative image it
was beginning to develop. Unfortunately
for Monster Cables, Dre and Iovine know exactly who held the cards here. I would not be surprised that these two had identified
this weakness and played Monster Cables from the beginning.
The story here is a that Beats headphones “were not
tuned evenly, like the usual high-end headphones. They were tuned to make the music sound more
dramatic.” “More dramatic” is an
euphemism for “they cranked up the bass.”
It was a rubbish product, but consumers fell for the
hype, and from its launch in 2008, the company grew exponentially. In 2010, Taiwanese consumer electronics
manufacturer, HTC, bought out Beats by Dr. Dre for USS309 million. This buy out is noteworthy because, under its
terms, Dre and Iovine eventually actually gained executive control of the
company from Monster Cables: After
HTC Sale, Dr. Dre & Jimmy Iovine Gain Control of Beats Headphones.
By the 23rd July 2012, HTC sold half its
position to Dre and Iovine, allowing them to control 75% of Beats by Dr. Dre,
leaving HTC with the remaining 25%. Not
only that, HTC revealed that it had lent Beats by Dr. Dre US$225 million. In effect, Dre and Iovine bought those shares
from HTC with money they borrowed from HTC through Beats by Dr. Dre, and then
loaded the liability on the company they now controlled.
With HTC, themselves a manufacturer, invested into
Beats by Dr. Dre with a combined stake of almost half a billion in both equity
and debt, Monster Cables were no longer needed.
Monster were understandably unhappy with this and agitated for a better
return on their investment – greater market visibility and a substantial
payout. In response, Beats by Dr. Dre
ended their partnership with Monster Cables: Monster
Will No Longer Make Beats Headphones.
On the surface, it looked counterintuitive, but it was
a calculated move. Monster Cables did
not own the rights to a single drawing, idea or even the diagrams for the
plastic parts: The
Exclusive Inside Story of How Monster Lost the World. From the very beginning, Monster Cables were
outmatched. When Kevin Lee, son of
founder, Noel Lee, went to Los Angeles to negotiate, he had only a bachelor’s
degree, no business experience outside of working for his father and no legal
support. He went into a meeting alone,
against two men and an entire corporate team.
And in their desperation to enter a new market before their old one
collapsed, got into a partnership where they built a business for a rival for
free and never realised it until it was too late.
A few months later, Dre and Iovine took advantage of
HTC’s financial struggles and bought the remaining 25% from them for US150
million. Considering the market share
and the actual value of Beats by Dr. Dre, this was a bargain. Dre and Iovine had full control of the
company now, which was the next part of the plan.
Ending the agreement with Monster Cables cost them
hundreds of millions, and they did not take it kindly. Considering their litigation history, they
predictably tried to sue. Before the
case could go to court, in January 2014, Beats by Dr. Dre revealed its
streaming music service. This was the
business they actually set out to build, instead of questionable
headphones. It was a hit with critics,
and its success brought a bigger fish to the table: Apple. Before June 2014, Apple agreed to buy Beats
by Dr. Dre for US$3.2 billion, making Dre and Iovine billionaires, and changing
the company name to Beats Electronics LLC.
Monster Cables filed a suit, claiming, among other
things, that Beats by Dr. Dre stole proprietary headphone technology, that
Beats by Dr. Dre unilaterally ending their partnership was illegal, and that
Monster Cables were entitled to a portion of the billion-dollar Apple deal.
Here, Monster Cables had not considered the
consequences of its actions. It was
outplayed, and still refused to accept that it was outplayed. Apple was brutal. Monster Cables had its rights to
manufacturing Apple’s products revoked: Apple
Revokes Monster’s Authority to Make Licensed Accessories. How bad is this? Consider this: Apple
Revokes Monster's 'Made for iPhone' License Following Beats Lawsuit,
where “According to Monster, 900 of its more than 4,000 products produced since
2008 have been made under the MFi program, and the company has paid out more
than $12 million in licensing fees since that date. Monster lawyer David Tognotti says the move is
excessive and ‘shows a side of Apple that consumers don’t see very often.’
David Tognotti, the man who justified Monster Cable’s
litigation excesses against smaller businesses, finally said, “Apple can be a
bully.”
On the 30th August 2016, not only did Monster
Cables lose its suit against Beats Electronics, Beats Electronics countersued
for legal costs. And this is how a
hustle works on a massive scale.