What's up with FuzziBunz?

[jojo2324]

I placed an order recently with www.jennifersclothdiaperboutique.com. Her site said that she is no longer doing business with MOE. I emailed her about something else, and it came up that their policies were changing and that some retailers might not be carrying their products any more.

Anybody know why?

[new_mommy25]

This is what I read on another site. I have copied and pasted it.

Thereson of MOE has a patent on the "stay dry pocket diaper". This means that any WAHM producing a pocket diaper that meets the specs outlined in the patent are violating that patent and can be sued. Its not a matter of who invented the pocket diaper.. its a matter of who had the business sense to hande their product production and sales like it was a business. Thereson has had an ongoing litigation with Linda of Happy Heinys, since the patent lawyer has determined that HH violates the MOE patent.
Now, basically, this means any pocket making WAHM or pocket SELLING WAHM has to ensure that their product either:
1. Does not violate the patent. This is determined by the lawyers. Anyone who does NOT violate the patent is not affected at all by the MOE patent, and Thereson has created a website that lists all of those WAHMs and their websites.
2. If the diaper does violate the patent, you can pay Thereson so that you can still produce and sell these diapers, but must make mention of the MOE patent on the diaper and your site ( to the best of my recollection, this is how it works.)

If you choose to carry a diaper in your store that violates the patent, MOE will not allow their products to be stocked in the same store. Most of the WAHMs who sell HH and MOE products seem to have elected to stay with HH.

[calebsmama03]

That is so ridiculous! Just confirms why I haven't bought any FB - I had a feeling it was too "corporate" for my taste! Sounds like we'd all better stock up on WAHM pockets before MOE sues them all out of business. Sad.... :(
Lynne
Mommy to Caleb 3/3/03

[Momof3Labs]

Why is it ridiculous? There are patents on almost everything we buy in this country; why do you fault a cloth diaper maker for doing the same? If I came up with a good idea that had the potential to do very well, I'd get a patent on it to keep others from stealing my idea and making money off of it. And MOE isn't going after ALL pocket diapers, only the ones that violate their patent (and that is determined by lawyers and the court system, not by MOE).

I'm not defending MOE per se, but trying to point out that this is the system we live in, and business owners IMO should be required to stay on the good side of the law when operating in it.

ETA: This is the website that Angie mentions in her first point, above.

http://www.pocketdiapers.com/

[Calmegja2]

I completely agree with Lori, and also wanted to point out that MOE isn't exactly Procter and Gamble junior....it's a small company, run by a mom, with a minimal staff. ;-) I know some were offended by her going after a patent, but I think it was sound business sense...especially in this business climate.

[jmofarrill]

I agree with this, too. Big companies agressively protect their patents and copyrights keep their image and branding intact. I would pursue a patent if I had an idea, and I would try to protect it, too.

[yitlan]

I agree. In addition, a big company could come in and "steal" the idea, using their big bucks to patent HER idea and make more money from it! I think she was just making a wise business decision. I'm actually gonna join her new "direct sales force" and am encouraged that she IS such a good business woman!


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[jmofarrill]

I just found out that she is only charging WAHMs a LIFETIME licensing fee of $25 or 7% of sales if over 10,000 a month. Wow. She's not in this to make money, she's in it to protect herself from the big companies producing her idea and underselling her.

[yitlan]

>I just found out that she is only charging WAHMs a LIFETIME
>licensing fee of $25 or 7% of sales if over 10,000 a month.

That is totally reasonable. Again, I agree, she's just protecting herself.

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[calebsmama03]

Whoa mamas! I've been sick and just got back online and saw this all today - I didn't intend to spark a controversy over business practices here! There is just so much "lawsuit craziness" going on these days that it rubs me the wrong way when I hear about it. I mean, can't we all just get along and settle differences without lawsuits?? I make handmade toiletries and have toyed with the idea of going into business but have been scared off by the proscect of lawsuits in case I don't research my formulas, names or packaging ideas enough. A lady - very SMALL WAHM type company - on an online group I belong to was sued by Lush cosmetics because she used the word "Karma" in one of her product names, not knowing that Lush had apparently trademarked that word! Anyway, I still prefer the more personal service I get from smaller WAHMs and prefer to support them whenever I can, but that's just my personal opinion on the subject. Knowing that her license fees are so reasonable makes me feel better about FB, though. No offense intended here ;)
Lynne
Mommy to Caleb 3/3/03

[calebsmama03]

>Hopefully, she could contact anyone violating it and say, "I'm >sorry, but only we can do that."

That was my thought exactly in the original post and I assumed that wasn't the case. Afterall, (in MY shiny happy people world!) if someone contacts you with such info and they are obviously in the right, why wouldn't you just change what you're doing to comply? But perhaps she DID contact and them and was ignored. Guess I shouldn't assume....

Lynne
Mommy to Caleb 3/3/03

[Melanie]

If you like pocket diapers, I really prefer http://apronstringsbabythings.com. Aside from the whole patent issue (which frankly, I disagree with most of you since there were pocket diapers BEFORE her, she just got the patent. Plus one of the WAHMS that she was going after's product is not exactly like fuzzi bunz) the snaps didn't snapped on mine and fleece pilled with initial washing.