"Violation of Intellectual property rights"?

[chrisco37]

Still wanna see a copy of the ad...guess I'll have to pick up a copy of the OCPR!

 

Me too. Anybody have a scan?

 

(If you don't want to post it, PM me)

[blazingbob]

Basically it comes down to Comiclink attempting to win a judgment against the "new guy" and then move on to the others with he "views" as having the same type of functionality. I hope he has those "Cease and Desist" letters photocopied because the "Renting of my server" technology isn't new. Can I sue Comiclink for not being a true Comic exchange? He does buy and sell as a dealer which I feel is false advertising just like I stated that Heritage isn't just an auction house when I compete again them in their own auctions. If imatation is the sincerest form of flattery I wonder why I didn't sue Ed Jaster or anybody else copying my "highgradecomics.com" theme? You win by being the best, not litigating and the site with the ability to get the books and capture the traffic wins.

[Red Hook]

Bravo, Bob, Bravo! Exactly!

[sfilosa]

You win by being the best, not litigating and the site with the ability to get the books and capture the traffic wins.

 

 

You're exactly right.

 

Now when are you going to have a "make an offer" option on your website (I know you said it in a previous post)?

 

[Foolkiller]

dead on Bob. dead on.

[Aman619]

You win by being the best, not litigating and the site with the ability to get the books and capture the traffic wins.

 

I agree with that sentiment too. But that only applies in a perfect world and in the hereafter.. On this planet, lawyers tend to have an inordinate say over whats what and who wins.

[BronzeBruce13]

Basically it comes down to Comiclink attempting to win a judgment against the "new guy" and then move on to the others with he "views" as having the same type of functionality. I hope he has those "Cease and Desist" letters photocopied because the "Renting of my server" technology isn't new.

 

I agree as well Bob. An excellent "to the point" post.

My feeling is the legal action could easily be "step one" in a larger plan too. I'm curious if other "larger" sites have been contacted already OR if all potential action in the future is based soley on the outcome here. With real or imagined "smaller/lesser" competition, I know first hand he'll consider other means to "nip it in the bud".

 

 

Can I sue Comiclink for not being a true Comic exchange? He does buy and sell as a dealer which I feel is false advertising just like I stated that Heritage isn't just an auction house when I compete again them in their own auctions.

 

Interesting point... but I doubt it.

There certainly is the potential for a serious advantage regarding favorably priced new listings. However, I have no idea how long a listing take (window of opportunity) to get through the system as I've never been permitted to sell there.

 

 

If imitation is the sincerest form of flattery I wonder why I didn't sue Ed Jaster or anybody else copying my "highgradecomics.com" theme? You win by being the best, not litigating... and the site with the ability to get the books and capture the traffic wins.

 

It sure would be great for us consumers if more businesses accepted the "right to compete" of another and instead responded to the challenge by investing in innovating their own product and service.

 

Lets face it... there is a ton of $$$ to be made selling CGC comics and PLENTY to go around at this point. If you made $300 - 500,000 a year or more for a 3-4 years before additional competition capabe of taking some marketshare woke up and arrived... I'd be thrilled I had that run. I'd also be grateful that it was far from over even if the numbers slipped a bit. If I could not accept (do nothing) that there were more people wanting a piece of the pie making mine smaller, I'd simply take some profits and bring something new/better to the table.

 

Good luck with your site Bob! Are you making any changes in regards to consignments? i thought I read somewhere herein that you were?

[Aman619]

what makes you believe this is step one in any grand plan? Thats just paranoia speaking. Comiclink has been in business for years. HighGrade comics and Metros websites (as well as scores of others) have been up and running for years. Has Comiclink ever come after them?? Ask Bob. Ask Steve? I get the feeling none of these longtime dealers really welcomed the advances of a Comiclink on their turf.... but I see no possibilty of any cease and desists going to them for two reasons, They were first to market, and more importantly, they are not similar! The dealers websites are not at all like Comiclinks structure, perpose and operablity.

 

So lets get real about this "grand plan" to eliminate all comics venues on the internet!! Seems to me Comiclink did pretty well head to head aginst all these dealer website... beating tham handily in many cases too as the first site to click on for new HG books, right??

 

Rather, lets look at the recent sequence of events. Comiclink sets up shop on the web and after initial resistance, slowly builds a loyal and happy list of clientele -- both sellers and collectors. Everyone is happy to get the books they want at a negotable price... and sellers are ecstatic to get near retail prices instead of lowball dealer buy offers. Comiclink is the little website that could, after hard work getting it off the ground by Josh by himself.

And somewhere along the way, Josh reworks the site into a patentable (he hopes) business model.

 

MEANWHILE.... over these same years - - an avid collector from NJ is amassing a killer Marvel collection. To do so he does business with all dealers nationwide to get the books he wants. He's focussed solely on the books, and buys from anyone who has them, at seemingly any crazy price.

 

And as he accumulates doubles, he finds Comiclink to be an excellent venue for selling them at top dollar. Perhaps he feels its the BEST way to do so, I cant say. And he and Josh do a lot of business back and forth. He also buys off the site frequently building a professional and personal friendship along the way...

 

Cut ahead to last spring. We here on the boards hear whispers about a NEW website for selling HG comics like Comiclink. And we hear rumors that a certain well-known HG collector who is known and liked (if not worshipped!) across the board is the one behind this new site. And then Pedigree starts up. And guess what? The site is a dead ringer for the one he knows so well, inside and out.... the good ol' Comiclink site!

 

So given this storyline (assuming you agree with its veracity) What is Josh supposed to do? This isnt the simple case of new competition coming to market being bullied by the existing 800 lb gorilla.. There are enough elements here to make a good case that this really is a case of IMITATION by a former "insider". Not exactly a former employee stealing company secrets -- but, it seems, by a person with some kind of "special relationship" with Comiclink going out on his own for whatever reason.......

[fantastic_four]

What is Josh supposed to do? This isnt the simple case of new competition coming to market being bullied by the existing 800 lb gorilla.. There are enough elements here to make a good case that this really is a case of IMITATION by a former "insider". Not exactly a former employee stealing company secrets -- but, it seems, by a person with some kind of "special relationship" with Comiclink going out on his own for whatever reason.......

 

The "whatever reason" is simple--it's a free market. Your post smacks of sympathy that Josh should have his exact e-commerce site design all to himself. He shouldn't; I don't believe he invented it. If anybody should be crying, it's Rob Roter, and I give it only a 0.0000001% chance that he invented his design before anyone else, also.

[Aman619]

theres the rub, as we each poster earlier, isnt it?

DID Josh apply for a patent?

Will he receive one?

and should this case get to court and Josh prevails, will Roter et al. come out and prove THEY invented it first? '

Still leaves Pedigree in a change it or lose it situation. But at least he'll have Josh to keep him company!!!

 

But Im leaning toward the conclusion that Comiclink overall is more unique and defendable.

[fantastic_four]

But Im leaning toward the conclusion that Comiclink overall is more unique and defendable.

 

Your lack of respect for the complexity of the universe astounds me. Out of the millions of e-commerce sites out there, you lean towards the conclusion that Josh invented his technique before anyone else?

[Aman619]

Naive I may be, but you make it sound so easy to single out many such sites. go ahead - - name a few. Do a search and see whats out there. AT this point, you may be able to make it worth your while by writing a finding for one side or the other in court. If this is nt solve amicably, it will be SOMEBODYs job to do just that - -find a precedent.

 

added "sound so"

[The Brain]

"I THINK , THEREFOR , I , SUE. "

[Aman619]

okay FF you got me curios so I Googled : collectibles + "make an offer"

I found 10 pages and looked at two. Bargain AndHunt and iOffer. Both allow sellers to receive bids dit\rect from buyers. Both had fixed prices and the ability to make an offer. WHat they didnt have was Comiclinks middleman setup, that is, on Comiclink buyers and sellers never contact each other directly.

 

So yeah, youre right theres a cornucopia of websites out there that share functions of Comiclinks "unique" structure. So we'll just have to see if whatever Josh patented, or tried to, will hold up under scrutiny. Or if Doug will cave or alter Pedigree, or Josh will back dow. Or maybe they get married or something exciting!!

[gpanalysis]

Just from an IT/market place perspective (and that's all I'm commenting on), you are all looking at the smaller picture with respects to "like" software. There are global systems that existed well before the microcosm that is comic dealers "disovered" the means to buy and sell on the net. Systems that deliver vertical market solutions allowing buyers and sellers (at the mid to high end of town) to interact through sophisticated push/pull auction systems, bid/offers, reverse auction, tendering, etc). Ariba is one example of such global commerce portals.

 

GP

[sborock]

Just from an IT/market place perspective (and that's all I'm commenting on), you are all looking at the smaller picture with respects to "like" software. There are global systems that existed well before the microcosm that is comic dealers "disovered" the means to buy and sell on the net. Systems that deliver vertical market solutions allowing buyers and sellers (at the mid to high end of town) to interact through sophisticated push/pull auction systems, bid/offers, reverse auction, tendering, etc). Ariba is one example of such global commerce portals.

 

GP

 

Hey George, what time is it there?

[gpanalysis]

Hey mate - 8am Sunday morning - I'm sitting here in my boxers havin' a cup of coffee and eating some vegimite on toast (that reminds me, I promised Shawn to send him some jars as he apparently loves the stuff!)

[sborock]

Hey mate - 8am Sunday morning - I'm sitting here in my boxers havin' a cup of coffee and eating some vegimite on toast (that reminds me, I promised Shawn to send him some jars as he apparently loves the stuff!)

 

BAAAAARRRRRFF!

[gpanalysis]

Yeah, I'm not surprised you say that it's an acquired taste I never liked it myself until I rediscovered it a few years ago.... and a bit healthier to the lumberjack breakfast I sat down to yesterday morning: bacon, eggs, suasages, oven-baked tomatoes, spinach and sourdough bread. Like I need it sitting at a desk all day! From a great place near us called "Spoonfulls" - awesome food - but I'm certain it's run by the Soup Nazi from Seinfeld. When you come to Melbourne we'll do the food/drink thing and introduce you to some great Australian wine.

[sborock]

I was referring to the mental picture of you sitting in your boxers!

 

 

 

Just kidding