When I first heard about this, I brushed it aside. But I keep reading more and more about it including first-hand accounts by "victims."It seems there is a company that has some patents and they claim anyone selling via a website without a license from them is infringing on their patents.Apparently the company is selectively and systematically finding websites and suing the owners. Once sued, the website operator has to decide between an expensive legal battle or a settlement. A number of website operators have settled and purchased a license from the company after deciding that was much less expensive than fighting.The MO seems to be to sue a number of small website operators and use the precedent to go after some of the "big boys" of the Internet.I also understand this company is or has filed for the same patents in other countries, so it won't be just U.S. website operators that may be impacted.Like I said above, I first thought this was a hoax or something that would only affect other people, but based on what I have read so far, it seems to present a real threat to small website operators. Related information can be found at http://www.youmaybenext.com/ShelbyBoy
Here is a list of companies known to have been sued:----------------------------------------------------------------PanIP has currently sued 50 small businesses with no end in sight.The small businesses listed below are being or have been sued by PanIP. If your web site looks or functions anything like those listed below...YOU MAY BE NEXT!ROUND 1 PanIP LLC v. Dickson Supply Co, et al• DICKSON SUPPLY COMPANY a New Jersey corporation www.dicksonsupply.com• SNOW COUNTRY SKI SHOP a New York corporation www.snowcountrysports.com• FURNITURE AND THINGS a Minnesota corporation www.furnitureandthings.com• FABRIC DEPOT an Oregon corporation www.fabricdepot.com• BACKCOUNTRY EXPERIENCE a Colorado corporation www.bcexpo.com• ELECTRONIC EXPRESS a Tennessee corporation www.electronicsexpress.com• CP INDUSTRIES a New York corporation www.thecamerazone.com• PEEKAY INC a Washington corporation website unknown• ABE'S ELECTRONIC CENTER a New York corporation www.abesofmaine.com• VIDEO AGE INC a Minnesota corporation website unknownROUND 2 PanIP LLC v. Katco Industries Inc, et al filed 8/30/02• KATCO INDUSTRIES, INC., a New York corporation www.cosmeticmall.com• RIGHT ASCENSION, INC., a Pennsylvania corporation website unknown• BRADFORD PUBLISHING COMPANY, a Colorado corporation www.bradforpublishing.com• BRINGE MUSIC CENTER, a Florida corporation www.bringemusic.com• ABLE SUPPLY COMPANY, an Illinois corporation www.ablesupply.com• DELASCO DERMATOLOGIC LAB & SUPPLY, an Iowa corporation www.delasco.com• DEBRAND FINE CHOCOLATES, an Indiana corporation www.debrand.com• ADVANCED BATTERY SYSTEMS, INC.,a Massachusetts corporation www.advanced-battery.com• CHERRY REPUBLIC, INC., a Michigan corporation www.cherryrepublic.com• BORDER BOB'S, a Minnesota corporation www.borderbobsadventures.comROUND 3 PanIP LLC v. Beach Photo and, et al filed 9/4/02• BEACH PHOTO AND VIDEO, a Florida corporation www.beachphoto.com• CR MAGNETICS, INC., a Missouri corporation www.crmagnetics.com• BURRAGE MUSIC CO., INC., a North Carolina Corporation www.burragemusic.com• HOBART SALES AND SERVICES, a Nebraska Corporation www.friscospices.com• ALL AMERICAN COLLECTIBLES, a New Jersey Corporation www.aacsportsmemorabilia.com• AMERICAN CINEMA EQUIPMENT,INC., an Oregon Corporation www.cinequip.com• AMERICAN HEALTH SERVICES, INC.,a Pennsylvania corporation website unknown• CAN-DO NATIONAL TAPE, a Tennessee corporation www.can-dotape.com• SUPERIOR RECHARGE SYSTEMS, INC., a Texas corporation website unknown• ARCADE ELECTRONICS, INC., a Virginia corporation www.arcade-electronics.comROUND 4 PanIP LLC v. Aseptico Inc, et al filed 9/11/02• ASEPTICO, INC., a Washington corporation www.aseptico.com• AMERICAN SCIENCE AND SURPLUS, an Illinois corporation www.sciplus.com• CHARLIE'S PASTRIES, INC., a Florida corporation www.charliespastries.com• KREG TOOL CO., an Iowa corporation www.kregtool.com• ENCORE MUSIC COMPANY, INC., an Indiana corporation www.encoremusic.com• DARTMOUTH PHARMACEUTICALS,INC., a Massachusetts corporation www.ilovemynails.com• SOLDAN'S FEEDS AND PET SUPPLIES, a Michigan corporation www.soldanspet.com• COLORADO ELECTRIC HARDWARE,INC., a Colorado corporation website unknown• HOT SHOTS PRODUCTS CO., a Minnesota corporation website unknown• RIVER CITY MEAT COMPANY, INC.,a Missouri corporation www.rivercitymeat.comROUND 5 PanIP LLC v. Eagles Wings Inc, et al filed 10-4-02• EAGLE WINGS, INC., a Florida corporation www.eagleswings.com• DENVER FABRICS, an Colorado company www.denverfabrics.com• CAFFE VITA COFFEE ROASTING CO, a Washington company www.cafevita.com• ROCK VALLEY TRACTOR PARTS., an Iowa Company www.rvtractorparts.com• HERD SEEDER COMPANY, INC., an Indiana corporation www.herdseeder.com• THREE DOG BAKERY., a Missouri company www.threedog.com• CONSOLIDATED LAUNDRY EQUIPMENT, a North Carolina corporation www.consolidatedlaundry.com• LACAS COFFEE COMPANY, INC. a New Jersey corporation www.lacascoffee.com• THE LITTLE PIE COMPANY., a New York corporation www.littlepiecompany.com• DOUBLE "H" WESTERN WEAR, INC.,an Oregon company www.doublehwesternwear.com
• DEBRAND FINE CHOCOLATES• CHARLIE'S PASTRIES, INC• THE LITTLE PIE COMPANYI don't know who they are, but they're going after chocolate, pastries, and pies. They're evil and they must be stopped, in the name of sugar junkies everywhere!!!Kellycontemplating a bit of sugar overload even as we speak...
This has apparently got the interest of the Direct Marketing Association. Here's a communication they are distributing:---------------------------------------------------------------------Dear DMA Member:The DMA has received a number of reports indicating that some of ourmembers have been involved in various legal actions relating toalleged violations of a patent held by the Divine Corporationregarding the use of shopping cart technology on Web sites.The purpose of this e-note is to determine if you have been directlyinvolved or have some knowledge of this effort.As you may know, the Divine Corporation has advised severalcompanies that they have patented the concept of using shopping cartimagery and technology on Web sites.We understand that the company has either initiated lawsuits orthreatened to do so for companies engaged in e-commerce that employthis shopping cart technique. In some cases, Divine has offered toprovide a lifetime license to use the technology for a relativelymodest licensing fee.We are interested in knowing if you have been directly approachedregarding this issue or if you are aware of any companies that havebeen approached.At this point, The DMA is simply assessing the extent to which thisissue might become an industry-wide concern. If we determine thatthere is adequate interest and a significant concern, we would planon convening a meeting of interested parties to discuss thesituation further.If you have any knowledge of this issue that you are comfortablesharing, please do so by return e-mail.H. Robert WientzenPresident & CEODirect Marketing Association, Inc.http://www.the-dma.org
(not a lawyer, not a legal opinion)I've heard about it too. Didn't know the suits had gone so far however.There are a great many makers/publishers of shopping cart systems out there (Dansie, Miva, etc). Seems to me if they really think they have leg to stand on they would sue the shopping cart software companies, not the small companies.Funny too. Big companies like Amazon, Dell and even the U.S. Postal Service (all of which have shopping cart systems) don't appear to have been approached for suit. That can either mean a) they have worked out a deal with the company or b) proves the BS of the suits.
BTW, whatever happened to the Amazon law suit over one-click ordering? Did it get resolved?
Best Of |
Favorites & Replies |
Start a New Board |
My Fool |