The other day I posted about the Craftsman Max Axess Wrench vs. LoggerHead Tools Bionic Wrench lawsuit and controversy.
Summary:
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- Sears bought many Bionic Wrenches in past years to sell during the holiday seasons
- Sears planned to buy many Bionic Wrenches this year
- LoggerHead Tools guaranteed they would not make similar arrangements with Sears’ competitors
- Sears did not buy many Bionic Wrenches this year
- LoggerHead Tools lost out on sales of a couple of hundred thousand units
- LoggerHead Tools’ manufacturing partner had to lay off nearly 3 dozen workers
- Sears brought a similar but improved tool to market under their Craftsman brand, with the tool being manufactured overseas by Apex Tool Group
Main Allegations:
- Sears stalled talks with LoggerHead Tools, with full knowledge that they would not be placing a large order for Bionic Wrenches.
- The design infringes on LoggerHead Tools’ patents
LoggerHead Tools is going to have a tough time fighting a patent infringement suit against Sears. The Max Axess wrench is not what I would consider a “clone.” I have no doubt that legal teams from Apex Tool Group, Craftsman, and Sears discussed the issue of patent infringement before bringing the tool to market. If they felt there was a good chance they would lose an infringement suit, they would not have brought the tool to market.
The main allegation here is not really of patent infringement, but of how LoggerHead Tools feels they were thrown under the bus.
For the sake of the simplicity, forget for a moment that the Bionic Wrench is made in the USA and the Max Axess in China. Look past the similarities in the two tools jaw designs. Ignore how the Max Axess has a feature the Bionic Wrench does not.
What it comes down to is this: Sears did not purchase the quantity of units from LoggerHead Tools that they are said to have pledged, resulting in substantial and immediate monetary damages. Patent infringement is very a serious offense that can be severely damaging both short and long-term, but in this case it is one of several issues that contribute to the more impactful loss of critical sales.
How to help LoggerHead Tools?
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Personally I feel that the Bionic Wrench is a tool that everyone wants but nobody needs. I have plenty of these types of tools, and probably would have bought a locking version if they came out with one. But truthfully, I would rather just donate money to the company than to just buy one to sit at the bottom of my toolbox.
If you want to purchase a Bionic Wrench, the 8″ model is $23 on Amazon and $29 on the manufacturer’s website. Ironically, Sears is also selling them online and in stores for $20-22.
So how can we help LoggerHead Tools? To be honest, I haven’t a clue. I do know that ranting and raving on the internet won’t help anything.
For what it’s worth, I don’t think they have a strong chance at winning a patent infringement case, and it’s not fair to judge their dealings with Sears tool buyers without hearing from both sides. But that doesn’t change the fact that I want LoggerHead to stick through this and get back to designing and producing new and innovating tools in the USA.
If anyone has any good ideas about how to support a small USA manufacturer, I’d love to hear them, but please keep your language clean and tirades to a minimum. We need to focus on ways to constructively improve the situation.
And here’s a prediction of what will happen a year from now, maybe even in time for next Father’s Day: Husky or Kobalt-branded ratcheting locking Bionic Wrench. (It’s actually for the retail tool buyers and brand managers this email is aimed at. It’s their resources that can bring LoggerHead Tools the business they need to pick themselves up and carry on. A voluntary licensing deal by Craftsman seems to be far less likely as it could be construed as an admission of guilt or wrongdoing.)
Dale Chayes
I think that the winning strategy for small US companies (or those anywhere else for that matter) is to out-think, out-design, and produce faster than the competition. Loggerhead could spend far more money than they have in a legal fight and end up losing and broke.
I think that they would be better off coming out with a tool that you and I want to buy and getting them to market while the other guys are making last year’s tool.
Stuart
I am in complete agreement with you. I pointed out in a comment to the other post how LoggerHead had not come out with any new tools in a long time, or if they did the news was buried. It really seems to me that the company thrives from Father’s Day and winter tool gift sales, which makes this situation exceptionally painful for them.
One person – someone who habitually copies and reuploads copyrighted videos to their own YouTube channel – remarked on how that doesn’t matter. It most certainly does matter, because these days a company really must innovate to succeed.
That’s not saying that LoggerHead could have expected that this would happen, but it does happen, and often.
Here’s a recent example – https://14cyiuhvcgv.com/stanley-fatmax-pocket-chisel/%3C/a%3E . The new Stanley chisel is heavily inspired from FastCap’s design. FastCap will fare far better because they have a diverse product line and don’t rely on gift-giving holidays to sell their products.
Paul Gatker
ABC News did a segment on this subject tonight, Nov 14, and quoted Sears’ as saying that they did not infringe on the Bionic Wrench patent because the Sears tool is based on a mechanism designed in the 1950’s. Perhaps this is how they will defend against the lawsuit?
Mickey
Let’s not forget that the Craftsman is made in China, without China and willing consumers the Craftsman rip-off wrench would never be. I doubt any other US manufacturer would be able to make the wrench and beat Loggerheads price. This is just another “side effect” of a country full of people that puts price above everything else.
mnoswad1
Loggerhead should build a version of the wrench themselves in china……for the Lowes Depot crowd. The “Bionic” name must have some street cred to capitalize on. Then build a “premium” version in the US. But it seems like this cat may be out of the bag…..either loggerhead supplies a version made overseas or Apex Tool Group will rebrand/license for Husky, kobalt, Harbor F, etc.
The open end Bionic wrench should be getting more air time here, Sears isn’t making that version (yet?) and it seems to be a more useful design. Loggerhead should really push that model…..while contrasting how much better the open end version is over the closed end.
Adam
They did just that… If you happened to live in Australia in last couple of years, you would have found that the Bionic Wrench sold there was made in China. Seems to me that this tarnishes their All-American story… Why not sell the US-made one in Australia?
I’m not sold on the sob story coming from a company that has sold HUNDREDS of THOUSANDS of units of a single product in just a couple of years. They had plenty of opportunities to reinvest their proceeds in new products and technologies, rather than riding out an item whose expenses were long since re-captured…
rob
Tell Sears how you feel. Go to their website: http://www.sears.com/, and at the bottom of the page click contact us. You can use their website comment page or send them an email.
Steve R.
My advice to Loggerhead is simple: Forget the lawsuit, whether it is for patent infringement (doubtful at best), or the more “winnable” loss of income from the questionable negotiation tactics that Sears employed. Fighting Sears in court would be like taking on the Federal Government; Sears has more lawyers, more money and more time to wait you out. If you lost three dozen employees already, how many more would you have to lay off over the next three-five years? What would this do to the company’s financial well-being? Sears has done this to companies for years: It took over more and more of a company’s output until they were dependent on Sears for the majority of their business, and then they demanded more concessions and favorable pricing. WalMart is now doing the same thing to its suppliers.
Quit while you’re (theoretically) ahead and concentrate on developing new markets and products. Yes, Sears did a bad, bad thing (to paraphrase the song), but don’t help them by running your company into the ground to try to prove a point. The only ones who win in this battle are the attorneys; they get paid no matter what the outcome.
Jan
I’d say go to Sears’ Facebook page and start to comment about their not continuing with an American company. Then, encourage all your friends and family to do the same. Only until we, the consumer, refuse to purchase Chinese-made products and support American business instead will we see large American companies understand. There is a massive campaign in Ireland to promote Irish products, and it is working!! Buy Irish is a phrase heard everywhere. I believe we should support American businesses in any way possible.
Allen
If I were a tool designer I think I would sell the idea and move on to the next project. It would be tough to survive as a one pony show.
But then I guess look at Kreg, they are doing a great job of growing the brand.
John Truempy
I think people can help!
Sears Holdings is not in a great place they are clossing stores in both the Sears and Kmart line. Today they will report on the stock earnings.
simple things to do:
share the ABC or NY Times storys on Facebook and Twiter so people that did not like it can find out.
Tell Sears how you feel send a comment at Sears.com or call there complaint line at 1-800-795-5030 it only takes a few second and they will atleast track who many people contact them about it.
And number 1 speak with you buying dollars this shoping season. Just go to JCP for your clothes you would buy at sears, Buy Kline or Estwing (both US made) tools from Home Depot or Lowes. If they see a drop in sales they may take note.
Will it help? Don’t know but that don’t mean don’t try!
Charlie Shostak
If we continue to let companies like SEARS dump on our American Manufactures the only thing we will have made in America are mouths we won’ t be able to feed! “Survey Says” SEARS won’t be around much longer anyway , it’s tragic how we let our greedy, no nothing MBA’s ruin a nation of hardworking honest people that actually once cared about our county.
Jerry
I might order a loggerhead wrench from Sears, and nothing else. As a Craftsman Club member with quite a few points saved up, maybe I’ll cash them in, and see if I can get it free.
Tom
I bought 2 of the bionic wrenches from Loggerhead Tools and I’m going to the Sears website to submit a comment of what I think of Sears. As far as I’m concern Sears has lost it’s way and it’s american roots have all but been forgotten by it’s leadership.
CliffOnTheRoad
Stanley Olsen said Sears would buy the entire production of a washing machine, for example, IF the maker would sell to Sears only, hence the maker threw away his customer base. After 5 years, they would stop buying and offer to buy the company. With no other outlets, it was sell or just close down.
That was circa 1960, way before China began its quest to own America. But I think Loggerhead made 2 mistakes; giving an exclusive and also not seeing why Sears delayed the Christmas order. Mistake #3; making the tools without a commitment.
Shane
I have recently sent sears an email stating that I will no longer be buying from sears or craftsman products because of their lack of respecting the intellectual property of Logger Head Tools. I think we should all petition Sears to retract this crime against an honest American company. From here on out I boycott Sears.
Reality
I admire people such as Dan Brown that are creative entrepreneurs willing to start their own privately owned business. There are many risks involved, it requires a massive investment in time, optimistic and dedicated self confidence and business savy.
The tool industry is an extremely competitive market that has seen a significant number of corporate consolidations and mergers in recent years. This is partially attributed to a weak economy and a significant reduction in residential and commercial construction. However, the demand for products for “do-it-yourselfers” has grown thanks to web based repair information and a variety of great “do-it-yourslf” publications and televised programming.
As for the “Bionic” or for that matter “Max Access” wrench, the tool body design is wide and limited for working in tight areas as compared to standard and ratcheting combination wrenches. Yes, the dynamics of the design are impressive, but the reality here is that the product has limited use. In addition, unless one thrives on overpaying for tools such as “Snap-On” , imported combination wrench sets that are suitable for most non-industrial (homeowner) jobs are fairly cheap and readily available.
People such as Dan Brown who believe in the philosophy of “Made in America” with pride should be given a great deal of credit and respect. It is my hope that Mr. Brown and Loggerhead Tools follow the suggestions of others and move forward to new forms of product innovation that is followed by a succession of others.
“Get-er-done” Mr. Brown and best wishes for success and pride in the philosophy of “Made in America” !
E
Hasnt anybody ever seen the movie Flash of Genius? Maybe this is Loggerheads Mona Lisa. I read that the tool designer is a teacher. He wasnt in the business of toolmaking prior to the Bionic Wrench. Maybe this was his one BIG idea, and he doesnt want to let it go to some corporate take over. This is also the third time Sears will be sued for similar reasons. I could be misinformed here, but something is definitely wrong with this picture
Dale Gentry
I am afraid that the Sears/Craftsman action and deception in the bionic wrench case is just an example of how large corporations can and sometimes do exploit the little guy. I do not think any action I take will actually change the behavior of Sears executives, but they are symbolic on my part. I wrote the following to Sears corporate headquarters, and to Sears Customer Service. Neither had the decency even to respond that the message was received; another example of their corporate disinterest. My message was as follows:
[To Sears] “I read about the bionic wrench issue. I know there are always two sides to every story, but I am appalled. Sears/Craftsman had a contract with the LoggerHead Tools company. Sears canceled the contract and developed a supplier in China. I understand there are complexities regarding patents. But it seems obvious that Sears deceived a supplier and outsourced to China when there was an American supplier. In my opinion, Sears violated moral and ethical issues in this action. I have purchased thousands of dollars worth of goods from Sears over my lifetime, probably tens of thousands. Just in the last month, I made a $300 dollar purchase. I have been very loyal to Sears. As of today, Sears/Target will not be a place from which I will purchase.
Thank You
Dale Gentry”
Over the remainder of my lifetime, I will not make purchases from Sears, which I expect would amount to hundreds or thousands of dollars. For example, earlier, I had made a decision to use only Craftsman cordless tools in my shop. I will now make another selection and allow my Craftsman tools to be replaced by another brand.
Again, this is mostly symbolic, but I have made my position known to Sears.
If you are interested in the lawsuit, a link is: http://www.ilnd.uscourts.gov/Recently%20File%20cases/12cv9033.pdf
Allard Stamm
I will stop going to Sears. The problem here is not who is right. The problem is we need AMERICAN shops to protect AMERICAN goods. Why does Sears need to sell 2 bionic wrenches (for the same price) …? Why not fill your inventory with “Made in USA” goods …then supplement what we do not make? Then Advertise that you are actively saving U..S. jobs….
Dale Gentry
Allard,
Your suggestion to buy goods “made in the U.S. is a great one. The slogan has been around for a long time, but we need to change our buying habits. I do wish for U.S. manufacturers to be as competitive on price as possible.
Dale Gentry
Since my last post, I learned of this series, “Made in America” by ABC news: http://abcnews.go.com/WN/MadeInAmerica/
Ryan
I went to Sears today to purchase the bionic wrench. They were all out of stock of the 8″ size. When I finally flagged down a associate to ask if they had any more in the back he proceeded to take me over to their brand (which they had 40+ in stock) and then left before I had a chance to ask even one question. Well, I looked at it for a few minutes, tested how it felt compared to the demo version of the bionic wrench and realized their version is cheaply made yet they sell for the same price. So I left and bought it elsewhere. I plan to never walk into a Sears or Kmart ever again.
Jeff
There is one and only one way to help companies like LoggerHead to survive. Do not purchase Chinese made tools (no easy task I admit). Take the time to find out who makes a similar product in the USA and purchase that one instead. I can’t know the facts of the issue with Sears but a few things to keep in mind. First, this is not an uncommon problem with small companies vs. very large companies. In fact, I believe a very similar issue was in the news many years ago involving Sears and a patented wrench design. Secondly, large companies have one and only one thing in mind…the bottom line. They will go as far as they need to go to make more money. The idea that Sears or any other large company would not market a product fearing patent infringement is wishful thinking (see Apple vs. Samsung). Particularly when they are dealing with a small company such as LoggerHead. Deep pockets go a long way to squashing even legitimate claims by smaller companies or inventors.
Brian Bailey
Been a life long Sears/Craftsman customer. I will no longer buy anything from either.
Jerry Oswalt
Over the years, I have whittled down the type of stores I purchase from. Sears was one I was settling on for most of my purchases. I have boycotted Walmart for 5 years because of their strong armed tactics w/ American businesses, forcing many factories to shut down. Will not set foot in a Walmart, now Sears is on my list of stores to no longer do business with. If money is more important than ethics towards American business men, they can do w/ out me.
Dave Burton
Update:
In 2017 Brown & Loggerhead won their lawsuit against Sears & Apex:
https://www.prnewswire.com/news-releases/loggerhead-tools-wins-59-million-verdict-in-patent-infringement-battle-against-sears-holdings-corp-apex-tool-group-300458456.html
Sears is once again selling Loggerhead’s Bionic Wrench — presumably part of the terms of the settlement:
http://www.sears.com/loggerhead-tools-6-in-bionic-wrench-reg/p-00902907000P
However, Sears is also still selling the Apex / Craftsman knockoff, and at a lower price:
http://www.sears.com/craftsman-6-in-max-axess-locking-wrench/p-00935358000P
Stuart
We discussed this all in a separate post, here:
https://14cyiuhvcgv.com/sears-loses-patent-infrigement-case-with-loggerhead-tools-over-craftsman-bionic-wrench-rip-off/%3C/a%3E%3C/p%3E