Foam tray biz gets dirty!

Evidently BattleFoam is attempting to sue FoamCorps/Outridder

[url]http://www.schwimmerlegal.com/2010/03/small_dispute_b.html[/url]

It's interesting what they say in that document. I guess BattleFoam FEELS that due to a pending patent, that they believe they're the ONLY company that can use a laser to cut foam trays to protect "articles".

It gets better as you read. By reading that one is to believe that they feel that Outrider is using the same technology to make the trays (and this is wrong why?, can I not use the same hammer as the next guy to frame a house?), and that someone at Outrider INFILTRATED BattleFoam's top secret manufacturing facility to STEAL thier trade secrets, but since it's not BattleFoam using the laser, that the products are Inferior too!

Well IF the products are inferior, what are they worried about? If they're using the same technology tho, how are they inferior? See how stupid that sounds?

They do claim that they think people are confusing FoamCorps for BattleFoam too, but between the two names, there's no link what so ever, aside from Foam being in both names, and they both use lasers evidently to cut the trays. Quite frankly, I never knew BattleFoam used lasers in particular to make thier trays either. I never thought about it, but figured it was some sort of process like that. So the average joe I don't believe knows, or even cares HOW they make the trays. lol

By BattleFoam's way of thinking, I guess Sabol should sue BattleFoam for taking the idea of foam trays in a carrying case and running with it too? Or that GamesWorkshop should sue Sabol for taking the idea of a miniatures carrying case and making it A LOT better, years before BattleFoam ever thought of making cases and foam trays? See how idiotic that sounds?

Laser cutting foam trays is not a new technology. Cutting foam to protect "articles" for civil services like EMS and law enforcement professions have been around for years, but they want to make it sound like they came up with the idea first.

Here are examples of how BattleFoam is not the first company to laser cut foam trays, to protect "articles" within...

[url]http://www.wecutfoam.com/wecutfoam_foam_laser_cutting.html[/url]

[url]http://www.maypakinc.com/diecutting.html[/url]

[url]http://synradlaser.com/search_apps/application_briefs/77-3.htm[/url]

[url]http://www.unitedcase.com/?gclid=CKDU4Pmz5KACFSFy5Qod0TuFBw[/url]

Interesting isn't it?

Your thoughts?

The particular method Battlefoam uses has been accepted for patent, which means that the patent office has decided it must be different enough from those other methods you cite to warrant a separate patent.

You can make a hammer just like any other company who makes hammers because hammers aren't patented.

Either Battlefoam's method is not the same as those you cited, in which case they are allowed to sue anyone who uses the same method (that's what a patent is FOR after all), or the company they are suing needs you as their lawyer to challenge the patent :)

Quote:

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Originally Posted by Kahoolin

The particular method Battlefoam uses has been accepted for patent, which means that the patent office has decided it must be different enough from those other methods you cite to warrant a separate patent.

You can make a hammer just like any other company who makes hammers because hammers aren't patented.

Either Battlefoam's method is not the same as those you cited, in which case they are allowed to sue anyone who uses the same method (that's what a patent is FOR after all), or the company they are suing needs you as their lawyer to challenge the patent :)

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Haha very good!

Quote:

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Originally Posted by Kahoolin

The particular method Battlefoam uses has been accepted for patent, which means that the patent office has decided it must be different enough from those other methods you cite to warrant a separate patent.

You can make a hammer just like any other company who makes hammers because hammers aren't patented.

Either Battlefoam's method is not the same as those you cited, in which case they are allowed to sue anyone who uses the same method (that's what a patent is FOR after all), or the company they are suing needs you as their lawyer to challenge the patent :)

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Actually, just to help you out here. Hammers have been, and will continue to be, patented for a very long time. Your static "heavy thing on end of stick" hammer can't be patented, but your legions of hammers incorporating everything from bottle openers to additional tools are all patented. Browse the patent depository libraries once in awhile to see what I'm talking about. Technically, your hammer must be different enough from my patented hammer, because if it isn't I can raise trademark litigation against you, much in the same way that this Battle Foam case is proceeding.

What makes this entire case highly farcical to me is Battle Foam's claims of trademark infringement/dilution (under an as of yet unapproved patent), federal/local unfair competition (claiming that the names of the companies are too similar), and that Foam Corps are deliberately marketing their products as if they were Battle Foam.

Not only is this case premature, it actually surprises me that the attorney they sought legal consultation from took the case. Especially given the high market volume, and multiple instances of laser foam cutting technology either similar or far in advance of Battle Foam's technology that have already been patented. The high number of counts for this case seem rather remarkable to me, especially dealing with an as of yet unapproved patent for their foam cutting process.

"The marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty. Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending." These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited."

Basically, thanks to my friend Wikipedia, the marking of patent pending serves to notify potential infringers who would copy the invention that they may be liable for damages (including back-dated royalties), seizure, and injunction once a patent is issued. Key word: once a patent is issued.

Given that the process differs significantly depending on how the machinery itself is set up, it is somewhat overboard to claim (basically) theft of trade secrets.

I really can't see how filing will help Battle Foam. I like the company, but I think they've made a very poor choice in pursuing this lawsuit.

I read this on another forum. Here is the text. I think it is from Dakka originally. This may be the reason why there is an axe to grind. UNFORTUNATELY, after I have purchased several of Battlefoam cases, I would like to toss them in the pond.:

Posted: Wed Mar 31, 2010 10:16 pm Post subject:
[url]http://www.dakkadakka.com/dakkaforum/posts/list/30/257719.page[/url]


Quote:

Subject: Re:Other Foam Company

Sgt Diablo


Hello everyone,

Let me first start off by saying that I have been coming to this forum for some time now. I know most of you guys by your avatars and I completely know who the originator of this post is. He is a local gamer and a close friend of the person named Bryan Wade.

Bryan Wade is a bootleg artest. His foam corps mark and his products are a complete and total copy of Battle Foam products and designs. I personally have talked to GW Legal, PP Legal, and Flames Of War Legal. All of these companies are well aware of our actions and our patents. All 3 of these companies allow us to do what we do because we asked permission and contacted the correct people to set ground rules on what we could post and not post.

As you can see we at Battle Foam give credit to the people that earned that credit. We respect the wishes of GW, PP, and FOW.

The person that started this post was put up to it by Bryan Wade. Mr Bryan Wade is one of the lowest snakes in the hobby. He is a process server by day and a bootleg artest by night. The technology that we use at Battle Foam is Patent Pending. Our designs are Copyright Battle Foam. Our foam type and bags are trade mark protected and very closely guarded by our legal department.

Mr Bryan Wade actually had the nerve to personally buy my product and attempt to reverse engineer the technology. He failed at his attempts to produce a quality product and this showed by the local gamers rejecting his bootleg foam.

Mr Bryan Wade is a hard headed fool. He has been served for copyright, patent, and trademark infringement. He has spoken to my lawyer and has agreed to cease all production of his bootleg foam.

He has 30 days to respond to the latest letter or he will be sued.

Now before we get into a huge legal conversation about nothing let me break down the basics.

The original poster of this thread is one of Bryan Wades friends. He was surely put up to this as an attempt to get attention for Bryan Wade. The person has no clue about law, patent or trade mark infringement or any other topic for that matter.

He is simply a pawn.

The trays you see posted had been made for him 6 months ago at his request by us at Battle Foam. He is simply starting trouble to cause havoc.

As for Mr Wades part in all of this. Well, 2 legal letters and one direct call to him personally from our legal department and it should be clear that his time has come.

I am not hear to be a bully. I created Battle Foam for you guys. I worked my a$$ off for over 2 years in perfecting the technology to cut the foam and do it right. That is what our Patent is for. Our cutting machines are nothing new, and foam has been around for years. What has not been around is the ability to cut 1 to 10" depths with that equipment and do it without setting anything on fire. Also words, text, and artwork is also something I personally designed with the equipment.

Patent Pending is what all companies do when a new idea comes to market. All patent applications take several years to fully post. That does not mean that our company is not protected and that any Tom Dick and Wade can just steal your whole concept and idea and rip you off. Patents once published are effective from the time they got filed. That is October of 2008 for us.

I could understand if Wade came up with any part of the process. Maybe if he made the product better or had an original idea in his head. Fact is that he did not. He is a rip off artist that is looking to make a quick buck off all of us honest gamers.

At Battle Foam we guarantee our products, we quality check each bag and foam, and we deliver on all promises. All this person has done is create a cheaper product with zero support and even less quality.

You guys know me as a gamer. I play at least ones per week and I try and treat each one of my customers as if they are my friends. I bend over backwards for product support at tournaments and I always go the extra mile to make everyone happy.

Take it from me that this poster and Mr Bryan Wade are bad people. People that do nothing for the hobby but try to profit. They will steal cheat and overall lie their a$$es off to get one over on you.

Be smart gamers and smart shoppers. Use your heads and do the research. Call me personally if you would like to talk. Its just sad that these kind of people are around in this world.

My personal phone number if any of you would like real answers.

480-747-4114

Romeo
Battle Foam

Quote:

---

Originally Posted by ImperialSix

I read this on another forum. Here is the text. I think it is from Dakka originally. This may be the reason why there is an axe to grind. UNFORTUNATELY, after I have purchased several of Battlefoam cases, I would like to toss them in the pond.:

Posted: Wed Mar 31, 2010 10:16 pm Post subject:
[url]http://www.dakkadakka.com/dakkaforum/posts/list/30/257719.page[/url]


Quote:

Subject: Re:Other Foam Company

Sgt Diablo


Hello everyone,

Let me first start off by saying that I have been coming to this forum for some time now. I know most of you guys by your avatars and I completely know who the originator of this post is. He is a local gamer and a close friend of the person named Bryan Wade.

Bryan Wade is a bootleg artest. His foam corps mark and his products are a complete and total copy of Battle Foam products and designs. I personally have talked to GW Legal, PP Legal, and Flames Of War Legal. All of these companies are well aware of our actions and our patents. All 3 of these companies allow us to do what we do because we asked permission and contacted the correct people to set ground rules on what we could post and not post.

As you can see we at Battle Foam give credit to the people that earned that credit. We respect the wishes of GW, PP, and FOW.

The person that started this post was put up to it by Bryan Wade. Mr Bryan Wade is one of the lowest snakes in the hobby. He is a process server by day and a bootleg artest by night. The technology that we use at Battle Foam is Patent Pending. Our designs are Copyright Battle Foam. Our foam type and bags are trade mark protected and very closely guarded by our legal department.

Mr Bryan Wade actually had the nerve to personally buy my product and attempt to reverse engineer the technology. He failed at his attempts to produce a quality product and this showed by the local gamers rejecting his bootleg foam.

Mr Bryan Wade is a hard headed fool. He has been served for copyright, patent, and trademark infringement. He has spoken to my lawyer and has agreed to cease all production of his bootleg foam.

He has 30 days to respond to the latest letter or he will be sued.

Now before we get into a huge legal conversation about nothing let me break down the basics.

The original poster of this thread is one of Bryan Wades friends. He was surely put up to this as an attempt to get attention for Bryan Wade. The person has no clue about law, patent or trade mark infringement or any other topic for that matter.

He is simply a pawn.

The trays you see posted had been made for him 6 months ago at his request by us at Battle Foam. He is simply starting trouble to cause havoc.

As for Mr Wades part in all of this. Well, 2 legal letters and one direct call to him personally from our legal department and it should be clear that his time has come.

I am not hear to be a bully. I created Battle Foam for you guys. I worked my a$$ off for over 2 years in perfecting the technology to cut the foam and do it right. That is what our Patent is for. Our cutting machines are nothing new, and foam has been around for years. What has not been around is the ability to cut 1 to 10" depths with that equipment and do it without setting anything on fire. Also words, text, and artwork is also something I personally designed with the equipment.

Patent Pending is what all companies do when a new idea comes to market. All patent applications take several years to fully post. That does not mean that our company is not protected and that any Tom Dick and Wade can just steal your whole concept and idea and rip you off. Patents once published are effective from the time they got filed. That is October of 2008 for us.

I could understand if Wade came up with any part of the process. Maybe if he made the product better or had an original idea in his head. Fact is that he did not. He is a rip off artist that is looking to make a quick buck off all of us honest gamers.

At Battle Foam we guarantee our products, we quality check each bag and foam, and we deliver on all promises. All this person has done is create a cheaper product with zero support and even less quality.

You guys know me as a gamer. I play at least ones per week and I try and treat each one of my customers as if they are my friends. I bend over backwards for product support at tournaments and I always go the extra mile to make everyone happy.

Take it from me that this poster and Mr Bryan Wade are bad people. People that do nothing for the hobby but try to profit. They will steal cheat and overall lie their a$$es off to get one over on you.

Be smart gamers and smart shoppers. Use your heads and do the research. Call me personally if you would like to talk. Its just sad that these kind of people are around in this world.

My personal phone number if any of you would like real answers.

480-747-4114

Romeo
Battle Foam

---

I can't read Dakka, Romeo had me banned from there, when I got into it with him and told the truth about him and proved he was lying about some things. Since he pays for advertising there, and is buddy buddy with the Dakka guys, they banned me. I told them to stick their forum up their arse, if his advertising dollars mean more than the truth. So they made it a perma-ban. lol


I'm sure it's entertaining, and I'm sure that person is banned now too, since he has buddies at Dakka. He even went as far as making personal attacks on me in public on the Privateer Press forums. He's no more than a slippery fast talking salesman, and most of his posts clearly back this up, as he brags about how everyone is his friend, and how he treats everyone right. That is until you disagree with him, then he turns into "that guy". Challenge him, and watch him turn into an insta-d-o-u-c-h-e.

It's fine to defend your products and property, and I can't wait to see where this lawsuit goes. I'm curious if he really has a leg to stand on. It's very evident that Ol' Romeo has made a lot of enemies in this industry with his mouth, so I'm hoping that the FoamCorp guys walk away unscathed, and Romeo gets mad and throws another online tantrum, like he did on Privateer Press forums when someone got the better of him.

I also guarantee he is NOT the first company to laser cut foam in 1-10-inch depths. Cases for EMS Law Enforcement and Military applications have had cases with foam cut in exact dimensions to protect their gear for years now in hard shell cases, and I'm sure they have been cut deeper than 1-inch to protect jaws of life, guns, special medical gear, etc. Unless they all used gear that required foam no deeper than 1/2 inch? lol