Ditto/IP Nav Win A Round, IP Nav Gets Rebuffed When Trying To Send Flowers

I hate it when I’m right about something so wrong.  (If you’re not an Aggie, that sentence can totally make sense.)

When last we left our (potential) hero Ditto, they were being sued by 1-800-Contacts and a company called Lennon Image Technologies (I’d link to you their website but oopsies!  they’re a troll and don’t have one) for patent infringement.  Kate Endress and her co-founder started an Indiegogo campaign, to which I contributed and for which I received a raspberry (which is to say, “purple”) colored t-shirt and a very nice note on embossed stationary that looked not unlike those hard cardboard perfume samples you get bombarded with if you shop in person at Macy’s only the Ditto one didn’t, to my great disappointment, smell like  Drakkar.  I was so excited to see this young company come out against trolls and imagined their campaign not only reaching it’s goal of $30k, but exceeding it mightily.

Alas, that was not meant to be.  And I tried not to judge people for not helping her even though everyone, everywhere should want to beat these trolls into submission.

Out of what I can only assume was massive fear for her company’s life and panic at the thought of losing all she’d worked for, Kate chose to get in bed with Erich Spangenberg at IP Nav.


And now, in the worst of all scenarios for troll trackers and fighters, it appears that IP Nav was successful in fighting off Lennon.  Well well well, isn’t Mr. Go-Thug just so proud of himself?


“I don’t stand accused [of being a troll].
I stand guilty.”

I do get it, I do.  I understand why Ditto needed an ally and this article at IndyStar,com explains:

not only has partnering with Spangenberg given Ditto more resources for its legal fights, but it has also freed the Dittos team’s time to actually focus on building the business (a site where shoppers can virtually try on eyeglasses) again.

But is the state of affairs on the Patent War front so dire that companies have so few options at defense?  Would Ditto have been better off fighting to invalidate the patent?  They tried other options, it seems:

She sought out lawyers who might charge a discount rate in return for a stake in Ditto. She also pleaded for help from techies in Silicon Valley, where Ditto is headquartered. She had no luck on either end.

Her luck, as it were, changed when she was seated next to Mr. Go Thug on a panel.  They struck up a conversation and out of a deep-seeded need for legitimacy and because helping Ditto would give him something positive to promote about his ne’er-do-well company, IP Nav cut a deal for equity in exchange for funding the lawsuits (both 1-800-Contacts and Lennon Technologies).

So now although Ditto has ostensibly been saved (the 1-800-Contacts suit is still pending, despite the pot of flowers sent to their parent company’s CEO by our favorite Spangenberg, which were summarily ignored), the means to get there sends exactly the wrong message, which is that partnering with a troll can save you from a troll.  How is that even logical?  Why does that work?

I dunno.

The article at the Indianapolis Star by Alex Campbell really does explain a lot of the back story, and it makes it hard not to sympathize with Ms. Endress’s plight.

What it does not do is make it hard to sympathize with Erich Spangenberg and IP Nav.  Once you go thug, you can’t go back.



{Picard facepalm image found here.  Erich Spangenberg image courtesy of the Dallas Observer.}


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