Sears has done this sort of thing before.
Sears has lost out doing this sort of thing before.
This time out however, what they have done has greater public exposure
thanks to the Internet. And it's so much easier to "bell the cat" than it used to be.
Given the current political and economic environment, I don't think Sears can possibly win this one. Especially since Craftsman is a name brand in the US geographic regions and occupations hardest hit by the very thing Sears just did with this guy's invention.
Nope. Sears can't win this one. Simply can't. Even if
they prevail in court - they still lose.
My only hope is that this gentleman isn't forced to settle with one of those "gag" clauses attached or have to agree to renounce his original claim (i.e. forgive Sears) in order to get it.
The single worst habit the US legal system has gotten into is allowing businesses to do something wrong, and then let them "consent" and pay a fine without being required to admit any wrongdoing. When you have deep pockets, paying wergild
is the equivalent of the "get out of jail free" card in the Monopoly game.
And as my grandfather used to say: It's not a real
problem if you can buy your way out of it.