After careful consideration I have decided to post the letter. You can then decide for yourself which side to take. Just put yourself in my shoes when you read this letter. It is very disheartening. Especially to me. I have 3 kids. One in college, one in high school and an adopted son who is severely disabled and in need my (and my wife, who takes most of the responsibilities of care) constant care. I cannot just up and file a class-action law suit against Speedplay. I would really like to on several grounds, but my family life is more important to me than fighting this, albiet worthy cause.
So... here is the letter in red letters (misspelled words and improper punctuation are verbatim). I have omitted personal information and website direct links.
My name and my wife’s name
My home address
Dear Mr. and/or Mrs. (my name), a/k/a “Frikinspit”:
We represent Speedplay, Inc. (“Speedplay”) with regard to its intellectual property matters.
I have reviewed various postings on the Internet which you have made, including (They name this WW post as well as eBay auctions here)
It appears that you are offering products for sale or actually selling products that infringe upon one or more of Speedplay's intellectual property or other legal rights, including, but not limited to, "(My ebay auctions listed individually here)"
It is clear that despite referring to Speedplay as "(Brand X - lollipop shaped pedals)" in your offerings, you are selling and offering to sell a material component part of one or more inventions patented by Speedplay--namely, its patented Speedplay bicycle pedals, covered by at least U.S. Patent Nos. 7,174,807, 6,494,117, and 5,546,829. These cleat/pedal systems cannot be made without the material component of the part you are selling, i.e., the uniquely shaped bowties, spindles, and bowtie bolts, that work together with the rest of the cleat/pedal systems. These parts fit into the pedal and become a complete, unique Speedplay pedal. That unique pedal is then used with the unique Speedplay cleat system. Moreover, the parts cannot be used with any other brand of pedal parts and the pedals cannot be used with any other brand of cleat systems. Finally, there is no substantial non-infringing use of the product you are selling and offering for sale. This violates 35 U.S.C. Section 271(c).
In addition, one of your customers (or with your instructions) could buy this component part from you and, buying component parts from others, essentially build and sell a patented Speedplay product. This violates 35 U.S.C. Section 271(b).
In addition, a customer's replacement and use of your non-conforming "after-market" parts would void the Speedplay warranty on its pedal system and your failure to advertise that fact causes your advertisement of your parts to be misleading in violation of numerous state and federal statutes.
Finally, we do not believe the evidence would show that you have sufficiently tested or constructed the replacement parts for safety and reliability such that consumers using the products would be safe. Customers using such replacement parts on their bicycles might assume they would be as safe as using OEM parts on a Speedplay pedal system and we do not believe this to be true. We have examined your parts and find that the screws that you sell (and perhaps manufacture) do not meet either manufacturing or safety requirements specified by Speedplay. You do not explain this deficiency or difference in your advertising of your product.
As a result, we believe your advertising not only to be misleading, but to be in violation of numerous state and federal consumer safety laws. Customers who were to purchase and use your replacement parts in Speedplay pedals, and then have their pedals damaged or worse, be injured, may make claims against or sue Speedplay, which would necessitate Speedplay defending those claims and seeking indemnity from you including its attorneys' fees and costs.
We demand that you immediately cease and desist from selling, offering for sale, or advertising your after-market products on the Internet or otherwise in any manner that violates Speedplay's trademark, patent, and other intellectual property rights, as well as statutory and common law rights, including consumer rights to safety and protection. We also insist that you take down from eBay or any other Web sites all references to Speedplay or its products as currently referenced. If you fail to do so, Speedplay will seek all appropriate remedies available to it under the appropriate federal and state statutes and common law. Regardless of whether you choose to cease and desist in your present conduct, we also demand that you now preserve and maintain all copies of any paper or electronic records or documents relating to this dispute, including e-mails, letters, communications, memoranda, and Web sites and eBay pages and caches, including all metadata, that relate to or concern any manufacture, distribution, licensing, advertising, marketing, attempted sale, or sale of any titanium, aluminum, steel, or other replacement or "after-market" part for any Speedplay product (or any other purported substitute for a Speedplay product in whole), including communications you or your company (if any) have had with any manufacturer, distributer, wholesaler, or seller of titanium, aluminum, steel, or any other replacement or "after-market" party for any Speedplay or "Speedplay-type" product (or any other purported substitute for a Speedplay product in whole) since August 1, 2009.
This letter is not intended to be, and should not be construed as, a complete statement of the facts or of our rights and remedies, all of which are expressly reserved.
Sincerely,
(Speedplay lawyer info and signature)
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