Romeo Filip at Battlefoam has sent along two documents clarifying the letter earlier sent to Sabol Designs and TheWarstore.com.
The first is the text of the the letter sent by their legal team following a response from Sabol.
Update: Don from TheWarstore.com has posted a comment about the situation.
Dear Mr. Sabol and Ms. Haines:
Thank you for your telephone call yesterday in response to my letter regarding the pending Battle Foam patent application. We appreciate your assurance you do not make or sell laser cut foam products. The Battle Foam patent does not apply to plucked foam products cut by knife.
Thank you for your prompt response. My client attended the GenCon in Indianapolis and was approached by several people with Sabol bags containing laser cut foam trays not produced by my client. We are pleased to learn you were not involved in the conduct leading to this customer confusion.
To be clear, we have no objection to the plucked foam products displayed on your website and we make no claim that the Battle Foam patent application applies to foam products that are not cut by lasers.
Ray K. Harris
The following is a further explanation sent by Romeo Filip to us.
It has come to my attention that people have taken a simple advisory letter as a cease and desist letter.
First off I must point out what the letter received by Sabol Designs and their ownership actually is. The letter sent out is a simple advisory letter informing a company who deals in foam containers for the wargaming industry that our Battle Foam Patent is about to issue. An advisory letter simply states that certain patents are going to take effect and that companies that deal with such products should be made aware of these patents. Advisory letters are actually meant to help companies that may not know that these patents can and may be enforced. Sabol Designs was simply given information that could help them in case future problems did arise.
We also sent the letter due to a number of unfortunate events that occurred at GenCon just this past month. While attending GenCon we had been approached by a number of customers stating that The WarStore was selling Battle Foam trays inside of their Sabol Army Transports. This happened during the entire weekend from over 10 different customers. It got to the point that we had to send a staff member over to the WarStore booth to find out how our products had gotten inside of Sabol bags. We actually do not sell our products using The WarStore to protect our individual business owner that cannot compete with the internet market.
When we looked into this matter we noticed that the items being sold had actually been Outrider Hobbies foam trays.
By sending out advisory letters we simply intend to help, not scare. These companies that may not know that they are working with someone like Outrider Hobbies that is clearly infringing on our Patent can end up in unwanted legal situations. Our intent in this letter was simply to help Sabol Designs avoid any legal fallout from future litigation against Outrider Hobbies.