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+-- Thread: Sears being sued over advertising Craftsman tools (/showthread.php?tid=7346919)
Sears being sued over advertising Craftsman tools - Winterwood - 03-09-2019
Fresh out of bankruptcy Sears Craftsman being sued by Stanley-Black and Decker
The retailer was sued on Wednesday by Stanley Black & Decker Inc, which accused it of breach of contract and trademark infringement over its new line of professional-grade mechanics tools under the Craftsman Ultimate Collection brand.
Sears did not immediately respond to requests for comment. The complaint was filed in Manhattan federal court.
Craftsman had been an iconic Sears brand before Stanley paid about $900 million for it in March 2017, while giving Sears what it called a “limited” license to sell some Craftsman products.
But according to the complaint, Sears breached the license agreement by launching its new tool line and touting its stores as “the real home of the broadest assortment of Craftsman.”
Stanley said the tagline falsely implies that other Craftsman products are “somehow illegitimate.”
It also said Sears’ actions threaten to confuse shoppers and irreparably harm Stanley’s own Craftsman brand and trademarks, as well as its goodwill and customer relationships.
These competitors are cut throat bastards and the suit is ridiculous imo. Not a lawyer but this lawsuit will fail. Maybe Sears will counter sue for harassment. I remain proudly opinionated
https://www.reuters.com/article/us-sears-stanley-black/sears-is-sued-over-craftsman-brand-idUSKCN1QO031?
RE: Sears being sued over advertising Craftsman tools - daddo - 03-09-2019
Unless the tools are made in the USA, their just another toss away tool.
I do think someone needs to get a better contract attorney however.
I've been seeing Craftsman tools increasingly sold on CL as the real deal, but those people don't realize "Craftsman" doesn't mean a USA product unless the tools says so and isn't worth collecting at all, and certainly aren't worth boocoos of money.
RE: Sears being sued over advertising Craftsman tools - Downwindtracker2 - 03-09-2019
Sears is so badly mismanaged , the suit will likely succeed. In that line, Gearwrench, another of the Stanley/Black&Decker brands is large step up from any currently made Craftsman.
But I did find a old 3/8" fine tooth round head Craftsman ratchet from the '70s at the fleamarket last Sunday for $5. I didn't do so good at the table next over, he wanted $20 for either a Snap-on, or Proto or Gray. I wanted the Gray, but not that much.
RE: Sears being sued over advertising Craftsman tools - Admiral - 03-09-2019
(03-09-2019, 11:17 AM)Winterwood Wrote: These competitors are cut throat bastards and the suit is ridiculous imo. Not a lawyer but this lawsuit will fail. Maybe Sears will counter sue for harassment. I remain proudly opinionated
https://www.reuters.com/article/us-sears-stanley-black/sears-is-sued-over-craftsman-brand-idUSKCN1QO031?
Well, when you pay $900 Million for the trademark, and then Sears puts out a new line of tools using that trademark, you have a Lanham Act case for sure. The only cut throat player here is Ed Lampert, the hedge fund manager who merged Sears with KMart, stripped out all the hard real estate assets, sold divisions, etc., etc.
While the devil is in the details, e.g., the licensing contract from B&D back to Sears to let it sell the Craftsman line, starting a new line of tools under that name sounds pretty brazen to me.
RE: Sears being sued over advertising Craftsman tools - hbmcc - 03-09-2019
(03-09-2019, 12:32 PM)Admiral Wrote: Well, when you pay $900 Million for the trademark, and then Sears puts out a new line of tools using that trademark, you have a Lanham Act case for sure. The only cut throat player here is Ed Lampert, the hedge fund manager who merged Sears with KMart, stripped out all the hard real estate assets, sold divisions, etc., etc.
While the devil is in the details, e.g., the licensing contract from B&D back to Sears to let it sell the Craftsman line, starting a new line of tools under that name sounds pretty brazen to me.
+1)
In my memory, the only advantage of Sears, or Craftsman (original) were the replacement warranties. Break and replace. Those tools from the mid-20th were actually pretty good. I still rely on a Phillips standard screwdriver.
RE: Sears being sued over advertising Craftsman tools - AHill - 03-09-2019
+2 to Admiral's post. When you buy a brand, you get the rights to the brand trademarks, and I don't think Stanley B&D's lawyers were stupid enough to leave any loopholes in the sales contract when they bought Craftsman from Sears.
RE: Sears being sued over advertising Craftsman tools - Admiral - 03-09-2019
(03-09-2019, 02:56 PM)AHill Wrote: . . . . . . I don't think Stanley B&D's lawyers were stupid enough to leave any loopholes in the sales contract when they bought Craftsman from Sears.
HaHa, well, believe me, I've been practicing law since 1980, and and I've seen a lot of high priced lawyers do some really stupid things..... but in this case time will tell.
RE: Sears being sued over advertising Craftsman tools - Phil Thien - 03-09-2019
(03-09-2019, 02:56 PM)AHill Wrote: +2 to Admiral's post. When you buy a brand, you get the rights to the brand trademarks, and I don't think Stanley B&D's lawyers were stupid enough to leave any loopholes in the sales contract when they bought Craftsman from Sears.
CraftsmEn Tools.
RE: Sears being sued over advertising Craftsman tools - Woodenfish - 03-09-2019
Eddie Lampert is a sleaze ball.
RE: Sears being sued over advertising Craftsman tools - Handplanesandmore - 03-09-2019
The outcome can come out either way, and like the one between WGBH/Fine Woodworking and Tommy Mac, I will wait for the court's ruling.
Simon