Response 2012 Ebai
U.S. Patent and Trademark Office
Mail Stop 24
Commissioner for Patents
lnventors Assistance Program
P.O. Box 1450
Alexandria, VA 22313-1450
Re: Response to Complaint of Paul Ebai by AbsolutelyNew, Inc.
Mr. Ebai’s complaint is completely unfounded. AbsolutelyNew, Inc. (“ANI”) fully performed the Product Development and Marketing Agreement it had with Mr. Ebai relating to his Pet Dryer Brush Invention. First, ANI never promised to produce a prototype for Mr. Ebai. There is an express provision in the Agreement discussing this fact and advising Mr. Ebai that he should be prepared to provide a prototype if one is requested by a potential licensee.
No employee of ANI, much less two employees, would ever tell a client, in any sense, to go to hell. Contrary to this ridiculous allegation, ANI tried in vain to communicate the realities of their agreement to Mr. Ebai, with only limited success. Mr. Ebai’s contract ended in March 2011 after ANI gave him two extra months of marketing at no cost. ANI made scores of contacts on his behalf and represented his invention at two pet trade shows (SuperZoo & Global Pet Expo). ANI presented his dryer/brush invention to the two largest pet product retailers in the world: PetSmart and PETCO. ANI provided three quarterly reports describing this marketing effort to Mr. Ebai. Unfortunately, none of the potential licensees was interested in taking on his invention and ANI was not able to convince them otherwise.
Lastly, ANI has in no way appropriated Mr. Ebai’s invention. ANI would never do such a thing that would certainly ruin ANI’s client relationships. The ANI product to which Mr. Ebai refers is a de-shedding tool with motor-driven brush cylinder. The fur is automatically removed into a catch-bin as the brush rotates past a pickup comb. This is nothing like Mr. Ebai’s idea for a forced air heated pet brush. The two products have no common purpose or common functional elements. It is libelous for Mr. Ebai to continue saying the ANI stole or infringed his idea.
Several times, ANI has explained all of the foregoing to Mr. Ebai in writing – including presentation before the Better Business Bureau. Mr. Ebai refuses to acknowledge the facts and is merely trying to bully ANI into giving him a refund by his continuing threat of unfounded bad publicity. Under the circumstances, ANI will not refund any of Mr. Ebai’s Fees.
If you have any questions, please feel free to contact me.
ABSOLUTELY NEW, INC.
/s/ Anthony R. Flores
Anthony R. Flores
VP-Legal & General Counsel
(800) 627-5382 x123