The death knell has been sounded, dear readers, for Chilldils. A great idea, which still prevailed even when faced with numerous bumps in the road, a concept that I loved not only because it was my ‘baby’, but also because it was people like YOU who gave it life, has been barred from moving any further.
The facts:
A company had a manmade-shell gel-pack-filled “pocket”, where Chilldils is cotton, flannel, and flaxseed with a removable sleeve this company did not have in theirs. This company’s product was intended for use with their own toys, which they attempted to publicize back in 2006 via a trade magazine. There was a short piece about the product, which was listed as patent pending. This product was unknown to me when I started Chilldils, and only brought to my attention by the head of this company when Chilldils funding had reached its goal. In his message, he immediately accused me of copyright infringement, and went on to say they would be willing to license the product concept to me – all I needed to do was provide them with the unspecified royalty fees for 25,000 Chilldils up front. I asked for his patent number, but never received a reply or the cease-and-desist that was also threatened to be sent in the same missive within 10 days.
Three months later, upon soliciting public opinion on some Chilldils banners, this gentleman popped up again. They had been “gracious” and “reasonable” and I was “incredibly unprofessional” for not responding (apparently they didn’t receive my initial email) . Some might argue that holding one’s hand out for 25,000 units of unspecified royalty fees to a company that needed to fundraise to even begin operation might be considered neither gracious or reasonable. Those same people might also go on to say that expecting payment for a product one had not even establish one had patented is also a bit out of sorts. That a little skepticism might be in order when faced with a product that had, yes, been announced in 2006 and had not been available in any major online outlets – including the maker’s own store – since that time.
Further, imagine my surprise when this gentleman knew some information about me, personally, that he should not have known, given that I guard it rather closely. It all became very apparent when someone sent me a link shortly after to a place where this many-years dormant product suddenly appeared in the last few days.
You see, dear readers, I used to work for a company. I loved my job beyond imagining, I loved (most of) my co-workers, and I did not, despite many attempts to, like my bosses at all. I worked, from day one, countless hours of unpaid overtime because I was A.) naive and stupid and B.) passionate about seeing the business succeed. I went to places I wasn’t required to, made connections I wasn’t expected to, and passed out business cards like a fiend. I plotted, I planned, I got tapped for helping in all aspects of the business I conceivably could. I thought – and the key word here is thought – I was an irreplaceable member, at the heart of the living, breathing business.
Things changed, as they are wont to do. I realized that rather than having my opinions valued, I was being opened like a spigot whenever anyone needed anything, and still expected to do my own work besides. My pay, along with the pay of everyone else, was reduced due to “economic hardships” that never seemed to (outwardly, anyway) touch the ones that handed them down. The stress of having a constantly-at-war couple in charge, complete with the completely unprofessional screaming fights, flying objects, and slamming doors during the work day, began to wear on me. When I was told an issue that had nothing to do with me or my job would recoup itself via my paycheck, I finally decided the time had come to leave.
I was forced to file with the state to receive money that was owed to me. The owner, someone who is (in my personal opinion) incredibly misogynistic, said something so sexist and offensive to the investigator that she excused herself from the case. Her (male) supervisor called me and explained to me he was taking over the case, expressing his sympathy that I ever had to work under such a person and assuring me that he personally would get me what was owed. I won the case and received my pay. Later, the not-inconsiderable balance of my commission account would be completely erased and my profile deleted in seeming retaliation when I requested to cash it out.
In order to sidestep additional legal snafus, I have neglected to name these companies. Those that you that have been following this saga are familiar with who I am referring to. Maybe the people currently in their employ are happy – I can say that a few prominent sex bloggers and two other non-bloggers that I’ve had the pleasure of chatting with through email most decidedly were not. I don’t wish ill on anyone, but I hope that maybe this will cause people to take another, deeper look at these ubiquitous companies before slapping banners on blogs, penning reviews, and otherwise lending one’s talents to companies that have acted in bad faith for so many peers.
I had a bad feeling about the XHale issue, and figured it was something like this going on. I checked the chilldils blog though and hadnt seen the banner update so I had no idea that you’d begun moving forward again JUST before the release.
As far as the companies, its up to reviewers to stick together on this basis. When someone refuses to state the names of such companies it makes it difficult. If it is the company I think it is, most people never deal with the upper management, only people who’re relatively normal and of course who have their quirks and issues but for the most part they are alright people. It is not possible, in a normal person’s position, to find info about the companies when everyone who has ever had a bad experience refuses to name names publicly. It would have required being around when the issues happen and hearing it as it happened.
I think a lot more people would be a lot more wary about who they devoted themselves to if, in fact it was up front. I ‘think’ I know what company this is but as anyone who has ever heard me speak knows I am often wrong. I do get that you probably cant name names for legal reasons as well. I just think that requesting people know things when nobody is giving full disclosure is a bit unfair.
That said.. I’m sorry you have to go through something like this, on top of everything else and I do wish the best to you. Honestly I think the products are different enough that you do not violate their patent but I have no clue how patent law works.
can’t you file for a patent and let them sort it out at then patent office
Well, shit. Shit shit shit. And *hugs* to you, my dear. Frankly, your product sounds quite different to theirs – and while I would have had no interest in a product made their way (indeed, it sounds unappealing), yours sounded lovely.
Really, I don’t think they have a leg to stand on, especially if they never got their product patented, and haven’t been selling it.
I do know the company to whom you refer, and am sorry that they continue to cause you so much grief.
*more hugs*
Dee
Three months later, upon soliciting public opinion on some Chilldils banners, this gentleman popped up again.
This is a very important fact. Each time he popped up, it was because you seemed to be moving forward with ChillDils. Only *this* time, things were taken a step forward on their end, with the product actually being press-released and announced.
This is not a coincidence, nor is the fact that he knew information about you. I am very upset. For you and for ChillDils. I want a removable sleeve, and I sure as hell don’t want to support that other company.
I think he’s just making empty threats. At least, he himself most certainly does not own the patent. Searching the patent database reveals a whole shitload of nothing. Hell even searching just people named Adam brings up nothing relevant. The company name has things relate to.. er.. washing machines, I think.
What exactly can he do to you if he does not own a patent? can you demand proof from him again?
Sorry to hear this, I really love watching people take an idea and bring it to reality and thought you were well on your way. I would ignore the advice that you are getting suggesting you press forward. They know you are underfunded and will just have a lawyer bury you in paperwork. Don’t continue unless you have all the ducks in a row.
Having said that, you strike me as an intelligent, tough MOFO that isn’t done as far as business goes. I wish you luck.
Thank you for your support, everyone. The person in question has claimed twice in emails that he owns an intellectual property, and has said in a public press release that he holds a patent for his own product. He is supposedly sending me the patent number, which is the only reliable way of looking up a patent or patent-holder – unfortunately, the patent database is a maze to anyone but patent lawyers themselves…looking up info personally isn’t a reliable way of finding patents. I looked myself before I started Chilldils and turned up nothing, else I likely wouldn’t have started the venture in the first place. Once I have the patent from the person in question, I plan to turn it over to a lawyer to compare and contrast. If my lawyer assures me that I am on solid ground to continue, I will – otherwise, it isn’t worth it to me to risk taking on a pair of vindictive entities that apparently have an axe to grind.
As far as just getting a patent for my own design, patents are incredibly expensive, and can run into the 10k+ range, which is another reason I’m not simply forging ahead. If they have a patent, they have a patent – I’m just curious why they are seemingly so reluctant to give over the information that would allow me to verify this. In my opinion, if our roles were reversed, I would say: “I have a patent, it is number xxxx, and you have to stop all work on this immediately because of this”, not make vague threats via email and snarky messages on a blog. To speak plainly, I think their oft-referenced legal ‘department’ is about as plausible as a unicorn living in my garage, but it IS possible they have a (single) lawyer and a standing patent.
This is such an interesting story and I wish I’d been around long enough to know more of the story and be able to offer some help or something.
In the meantime, did you try searching via google’s patent search? http://www.google.com/patents I’ve never tried it – but if it’s like most google products, they probably made it rather user-friendly.
[...] This post was mentioned on Twitter by aagblog, Curvaceous Dee. Curvaceous Dee said: RT @aagblog: A Tale of Intriguing Timing: https://thattoychick.com/2010/03/23/a-tale-of-intriguing-timing/ [...]
Well, the fact that they initially claimed what you did was copyright infringement is interesting. Patents and copyrights are two very distinct parts of Intellectual property Law that have no direct bearing on each other. To me this reeks of someone who does not have the IP they wish they have and so are sending ambiguous threats to “{shake down” competition.
Until you see an actual patent number I wouldn’t be too worried, to me this just sounds like a bluff.
What I find incredibly ironic is that the alleged patent-holding company states that the reason they are able to move forward with this product at all is because they recently won (in tandem with several other manufacturers) a successful defense against a far-reaching patent held by someone who sought to make claims that the very concept of glass dildos was patented.
Perhaps instead of glass sex toys, they should look into building glass houses.
just dropping by to show my support. i think you should continue fighting against these asshats if you can. you have a really good idea here.
Hrmm. My passing familiarity with patents has a lot to do with “first to file” not always first to invent.
Claim you are infringing – cause you to stall – and then apply for a patent on YOUR product since he has the means.
[...] A tale of intriguing timing. — Desk Full of Dildos – The death knell has been sounded, dear readers, for Chilldils. A great idea, which still prevailed even when faced with numerous bumps in the road, a concept that I loved not only because it was my ‘baby’, but also because it was people like YOU who gave it life, has been barred from moving any further. (More drama about a sex toy company giving personal info on former workers) [...]
[...] A tale of intriguing timing. — Desk Full of Dildos – The death knell has been sounded, dear readers, for Chilldils. A great idea, which still prevailed even when faced with numerous bumps in the road, a concept that I loved not only because it was my ‘baby’, but also because it was people like YOU who gave it life, has been barred from moving any further. (More drama about a sex toy company giving personal info on former workers) [...]