MACHIAS, Maine — Sports had boxers Ali and Frazier.
Consumers every day watch Coke go toe-to-toe with retailing rival Pepsi.
Closer to home, 11 years and three lawsuits later, the balsam rivalry in Washington County between Worcester Wreath Co. in Harrington and Whitney Originals LLC of Machias persists, with fuel added to the fire this week by a federal court ruling in a patent infringement suit brought against Whitney by Worcester in November 2010.
The latest legal dispute centers on the design and decor used in making a miniature, tabletop Christmas tree now made by Whitney and popular with L.L. Bean holiday shoppers. For many years, Worcester filled L.L. Bean orders for tabletop trees, but lost the contract in 2008 to Whitney.
The latest Worcester lawsuit contends that Whitney deliberately copied Worcester’s minitrees design, despite existing patents and an earlier agreement between the two competing companies regarding the product.
Even though both companies operate out of Washington County, the most recent lawsuit was filed in U.S. District Court in Bangor, because of claims that Whitney violated federal patents.
In the suit, Worcester claims unfair competition, trade infringement, deceptive trade practices, breach of contract and patent infringement by Whitney. The suit also asked the court for a permanent injunction to prevent Whitney’s future creation and sale of the trees.
In his 14-page ruling issued May 25, U.S. District Judge George Z. Singal ruled that, while Worcester’s claims may have merit, they need to be explored in state court, not federal court. Although federal patent rights are at issue, the ruling says, the suit’s concerns focus on contract issues, which are the legal purview of state courts, not federal courts.
Worcester attorney Charles Gilbert of Bangor said Thursday the suit will be pursued on the state level.
“This summary judgment was not a dismissal of the merits of the case,” Gilbert said. “It was one of those ‘take this case to the court down the street’ rulings, which we will do.”
David Whitney, who owns Whitney Originals, said he is weary of dealing with Worcester lawsuits. He also realizes that Morrill Worcester, who owns his rival’s firm, is free to continue his 11-year history of legal actions.
“He’s filed three suits against us, and so far we’ve prevailed in each one,” Whitney said Friday. “I don’t appreciate being sued all the time, but we live in a system where anyone can sue anyone for any reason. Deep down I wish the guy well. I’m not out to make enemies; I’m out to make friends. It’s easier that way.”
Whitney says the fallout from Worcester lawsuits being filed year after year is the perception that the balsam industry is a snakepit of turmoil.
“When these legal battles come out in the paper, it makes the wreath business look bad,” Whitney said. “We look like a bunch of people who can’t get along. That’s not true. That isn’t the way of the industry. In general we do get along.”
I don’t know either of you. I have seen you both. Dave is better looking………
But, Mr. Worcester is a man of integrity, which matters more than looks–
LOL, Just love your sense of humor!!!!!!!!!!!
ive known and worked for both. I agree with the Worcesters, Whitneys is copying everything the worcesters have worked for years perfecting. To bad they couldnt split the ll bean contract
This is like a war between Iran and North Korea. Don’t really care who wins, so long as the two loon leaders knock the snot out of each other.
It appears that Mr. Worcester subscribes to the theory that “there is no such thing as bad press”.
This is ridulous first off Worcester lost the contract to Whitneys simply because Mr Worcesters product was NOT Maine made some of the product was however the better part of was made in canada. Whitneys product is not the same as Worcestors, however he has nothing better to do then petty argue and sue sue sue. I have also worked for both men, I would NEVER work for Mr. Worcester again. He has brought in the Quatemalians and left no jobs for the locals at all and also 90 percent of the of them live in his horrible unliveable conditions.
I personally dont understand why OSHA has not stepped in, and fined him for the horrible housing and living conditions these workers endure. I was there and worked for worcester when the tractor trailer loads would come in from canada loaded with canadian balsam tips and wreaths etc with the tags attached made in canada or product of canada and workers climb in and tear the tags off.
L.L.bean prides itself with “products made in Maine” Theres more to the story about Worcester losing the contract to Whitneys.
Somewhere, I am not an expert, but some things I know for SURE:
1) LL Bean sells MUCHO MUCHO stuff made out of the USA.
2) The reason Worcester lost the contract was NOT because of foreign workers. Read the background articles in the BDN from February and April.
3) In a perfect world, all the raw materials and all the labor would come from the USA. It is too bad there is neither space nor time to go into all the reasons why this is no longer true.
I might be wrong, but I thought at one point that I had heard that Mr. Whitney had tried to sue or did sue a lady over a dried flower wreath design, so he knows he didn’t like it done to him, should he do it to someone else? Worcesters has done it longer.
Typical Washington County story. He said, she said, they said. Nothing but everyone peeing on each other and NOTHING gets done. Where’s the goobernator and MAINE business?
I do believe that it is time for Morrill Worcester to stop sulking about the LL Bean contract and grow up.
Enough is enough. David should buy this guy out. Obviously Merrill has too much time on his hanfs. I can say that both companies do not use all Maine products or products from the US.
How about come up with a better tabletop display…..case closed.
The market is large enough for both companies to do well. Competition is a given in any business. This is a good example of Maine companies more worried about local rivalry than total market growth.
Someone needs to grab ahold of Worcester’s ego and throttle it a little bit. His very notion that he could put a patent on a tabletop Christmas tree is ludicrous!! That’s like putting a patent on a pizza. Florists all over the country have been making table top trees for the better part of this century. He’s really dilusional if he thinks he was the first. His problem is he’s lost millions of dollars since he lost the Bean’s account, sorry bub, that’s the cost of doing business.