Tompkins Sues Brookstone and the Brookstone Bed Fan
As some of you might have figured, We are filing a law suit against Brookstone for some of their underhanded dealings with us and various other abuses. This is a David versus Goliath case where a mega company thinks it can just do whatever it wants to a small family business. We are in the deposition and discovery phase of the case at this time and there have been some very disturbing revelations. I do plan to put this story out in full after the trial. I think others will be just as shocked as we are with regards to what we have learned. We thank you for your support.
Small Business in Boerne, Texas Files Suit after Brookstone Insists that Its Products be Built in China
The besieged American economy has enough competition abroad without Americans selling each other out in an attempt to eke out a few extra dollars. Yet that is precisely what Brookstone allegedly did to one American inventor and small businessman, as recounted by Plaintiffs’ Original Complaint in Civil Action No. 1:12-CV-00809; In the United States District Court for the Western District of Texas—Austin Division; Tompkins et al. v. Brookstone, Inc. et al.
The recently filed Original Complaint filed by Tompkins Research, Inc. and its owner, Kurt Tompkins, against Brookstone Inc., and Brookstone Company, Inc. (collectively, “Brookstone”) alleges unfair competition, violation of intellectual property rights, fraud and other claims. The case arises out of Tompkins's popular product, the Bedfan.
As described in Tompkins’s Original Complaint, Tompkins invented the Bedfan to help people who want to reduce their nighttime air conditioning usage, menopausal women suffering from hot flashes and couples who prefer to sleep at different temperatures in the same bed. The Bedfan was invented, engineered, designed and manufactured in Texas. It was a classic "Built in the USA" product.
According to Tompkins’s Original Complaint, the Bedfan has been featured on numerous national and local TV shows, including Good Morning America, Dr. Oz, The View, and Fox and Friends, among others. Brookstone began selling the product in 2008 and it soon became a hit.
Tompkins’s Original Complaint alleges that Brookstone began to pressure Tompkins to move the production and manufacture of the Bedfan from Texas to China. Tompkins resisted. He was proud to have his product manufactured in Texas and was happy with the quality of his U.S.-manufactured product.
Tompkins’s Original Complaint further alleges that, since Brookstone could not get Tompkins's agreement to move the Bedfan’s manufacturing to China, it resorted to stealing Tompkins's intellectual property in the Bedfan. Brookstone has now introduced into the market their "New Bed Fan." The New Bed Fan, offered by Brookstone in contravention of its attempts to assure Tompkins that it had no plans to pirate his Bedfan and in violation of Tompkins’s property rights, is Built in China.
As described in Tompkins’s Original Complaint, Brookstone’s 10-K securities filing for the year ending January 1, 2011 brags to the investing public that Brookstone’s products are predominantly Built in China and other Asian markets. Accordingly, Tompkins’s Original Complaint alleges that Brookstone’s unlawful actions toward him are part of Brookstone’s overarching business strategy to move American jobs overseas.
Kurt Tompkins and Tompkins Research, Inc. are represented by David Dunham, Don Taylor, and Anthony Ricciardelli of Taylor Dunham, LLP.
- David Dunham
Taylor Dunham, LLP
Kurt W. Tompkins
Tompkins Research Inc.
Kurt, Shelley, Hannah & Isabella