Small Business Advice On Shaking Down Others With Patent Threats

from the misplaced-focus dept

Jesse Calderon writes in to point to ask our opinion on this article in Fortune Small Business from someone who runs a business that makes portable wine tote devices. The entire article is about the importance of the company's patents, and how they spend a not insignificant part of their budget getting new patents and defending their existing ones -- sending out cease and desist letters and even filing a few lawsuits. The company has even sent people to Chinese factories with their totes, asking the factories to design copycat items, and then threatening the factories that say they can (they claim that they've had "eight cash settlements" using this practice). There are a few different ways of looking at this. First, it seems like a lot of money that could be spent on continuing innovation that's being wasted on preventing any competition from hitting the market and entrapping factories in order to get cash out of them. Second, is that even the guy admits that these things are really fashion items -- and the fashion industry has historically thrived by not bothering with intellectual property issues and focusing instead on building brand recognition and continually innovating. You can obviously sympathize with the company, who admits there's really nothing at all special about their totes other than the patents they have on them -- but there are lots of businesses in this world that have to learn how to compete, and it's hard to see why one firm should deserve a monopoly on the product. If the company worked on building up their brand recognition (and we have no problem with them using trademark laws to stop copycat products that confuse customers by copying their brand), brand loyalty and continually innovating their product line, then they shouldn't have to worry about sending private investigators into Chinese factories to try to shake them down for cash.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Xenohacker, 13 Nov 2006 @ 7:14pm

    Tyrannizing Ideas...?

    This has undertones of the SCO buisness model in which the only way they can turn a buck is to sue over a worthless product. It also sounds a lot like Microsoft buisness model in which they intimidate others to stifle innovation long enough that the idiots working for them can come up with an idea.

    link to this | view in thread ]

  2. identicon
    Xenohacker, 13 Nov 2006 @ 7:30pm

    Tyrannizing Ideas...? Continued...

    What ever happened to 'original'... or even a solid purchase based on the fact the product is of such high quality it is hard to reproduce... I once read that you never have to worry about someone stealing your 'original' idea. If it is truly 'original' you'll have to shove it down their throat or something to that affect...

    link to this | view in thread ]

  3. identicon
    Sanguine Dream, 14 Nov 2006 @ 5:33am

    Sounds familiar...

    A small business comes up with one good idea and instead of working on the next good idea they cling onto that first one for dear life. These days its cheaper (and more profitable with lawsuiits and "settlements") to hoard patents than it is to actually try something new.

    link to this | view in thread ]

  4. icon
    JackieHandunge (profile), 1 Aug 2009 @ 11:54pm

    Small Business Advertising

    Advertising is a great way to promote your small business and generate customers, would like to share this site with others http://www.bizymoms.com/advertise-small-business/index.html Offers text and banner advertisement options to advertise your business opportunities and services. Check it out as there are special annual packages to advertise small business opportunities as well.

    link to this | view in thread ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.