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Old 12-01-2009, 10:42 AM   #1
Scott Kustes
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Need The Community's Help To Save My Little Company

Hi guys and gals, (all links WFS)
I have a very big issue that I need some help with. I (along with 3 friends) own a small company called http://www.beerdolier.com. (not trying to make sales here. Just trying to show the similarities of the products. Admins, remove if you feel this is a violation.)

We have an issue and we need your help. ESPN and Bud Light are running a contest called "Tailgate Approved" to search for the next great tailgate invention. Unfortunately, we were unaware of the contest, but it seems our product still made it to the final four. The issue is that Mr. Dave Farmer of Loveland, OH is claiming himself to be the inventor of the product, which he has called the "Band-O-Beer". This is in violation of the rules of the contest, which state that the idea must: "3) Be the original creation of the entrant;". Given that we've been in business since Oct 2007, it's obvious that this isn't his original idea.

We have contacted ESPN, who is looking into the matter with their attorneys, but to be safe, we want to make sure Mr. Farmer doesn't win. While I hate to ask you to vote against what is essentially our company's product, we will in no way benefit if the Band-O-Beer wins the contest. In fact, ESPN will take over the rights to the idea and will likely push us out of the market. We lack the resources to fight back against the 800lb gorilla with a lawsuit.

You can see the promotion here: http://promo.espn.go.com/espn/contests/budlight09/ The Tummy Table is in 2nd place, so boost it up to 1st with daily votes and this won't be a concern. I know it's a lot to ask you to visit that link daily and to help us out with the voting, but it might be the only way this small company gets to survive. Tell your friends, tell your family.

Hopefully you guys can help me out with this by voting daily. We're doing everything we can to ensure ESPN doesn't get the rights to an invention that wasn't this guy's to pass to them in the first place. I'm frankly amazed at the morals of people that will screw someone else for Super Bowl tickets...he gets a $5000 prize package, we get to fight ESPN for survival, how lovely.

I've bought Band-O-Beer in an attempt to out-SEO him on the site he owns promoting this as his idea.

Admins, just trying to get some community support for an entrepreneurial company that someone is trying to rip off. It has nothing to do with fitness, so I apologize if you find this thread to be a violation.

Thanks much
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Old 12-02-2009, 08:33 AM   #2
Sean Dunston
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Re: Need The Community's Help To Save My Little Company

Scott-
I couldn't tell from your site whether you have a patent on this product or not. If 1) you have the patent; or 2) were first in time with the idea in an interference action against the senior party, then the issue should be resolved in your favor.

I am not an IP attorney, so this is not a legal opinion I am giving. In fact, my legal practice is about as far from IP as humanly possible while still being in the legal profession. However, there are some basic tenets of IP that are pretty commonly known, and I felt I could share them with you here.

Of course - if you did not protect the product, then the issues get very murky.

(following links are wfs)

Patents in general:
http://en.wikipedia.org/wiki/Patent

Patent interferences:
http://en.wikipedia.org/wiki/Patent_Interference

Sorry this is happening to you and your friends. It can't be fun for you - and is probably going to be very expensive.

Best of luck.
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Last edited by Sean Dunston; 12-02-2009 at 08:37 AM..
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Old 12-02-2009, 09:15 PM   #3
Alicia Michel
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Re: Need The Community's Help To Save My Little Company

Beer Sphere is in 2nd place!
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Old 12-03-2009, 05:27 PM   #4
Jae Chung
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Re: Need The Community's Help To Save My Little Company

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Originally Posted by Alicia Zhuang View Post
Beer Sphere is in 2nd place!
Confirmed, Beer Sphere was at 26% to Tummy Table's 20%. Unfortunately the impostor Band-O-Beer is at 41% as of this writing. Vote for Beer Sphere!

Scott, sorry to hear about all this. I hope the CF community and others pull through for you.
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Old 12-03-2009, 05:41 PM   #5
Jae Chung
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Re: Need The Community's Help To Save My Little Company

I posted this thread to my FB page... I hope that little bit helps.
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Old 12-03-2009, 08:10 PM   #6
Tamara Cohen
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Re: Need The Community's Help To Save My Little Company

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Originally Posted by Jae Chung View Post
I posted this thread to my FB page... I hope that little bit helps.
I promised Jae that I would post this as my FB status in the morning along with a new bikini photo. He seems to think that will help get more votes for the second place submission.
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Old 12-04-2009, 03:38 AM   #7
Scott Moore.
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Re: Need The Community's Help To Save My Little Company

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Originally Posted by Tamara Cohen View Post
I promised Jae that I would post this as my FB status in the morning along with a new bikini photo. He seems to think that will help get more votes for the second place submission.
I see the status but not the bikini photo...
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Old 12-04-2009, 06:05 AM   #8
Tamara Cohen
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Re: Need The Community's Help To Save My Little Company

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I see the status but not the bikini photo...
Dude, let me take a freaking shower first. Been busy ripping my hands apart doing Nicole.
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Old 12-04-2009, 01:23 PM   #9
Diane Mahoney
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Re: Need The Community's Help To Save My Little Company

Tam, you crack me UP!
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Old 12-04-2009, 05:04 PM   #10
Tamara Cohen
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Re: Need The Community's Help To Save My Little Company

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Originally Posted by Diane Mahoney View Post
Tam, you crack me UP!
Hey, this wasn't even MY idea. I hadn't even seen this thread, and Jae posted to my page and said if I posted the link it would get more people to vote . And, Scott is very impatient and demanding...he knows I'll take a freaking bikini pic...when do I refuse to post pics of myself? Showering is very important after a WOD.

Anyway, I hope more people voted because of it . Too bad I dumped all those people from my Facebook page. My audience is much more limited now, although certainly more elite.
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