HD prevails in Big Hammer lawsuit
The U.S. Court of Appeals for the 7th Circuit affirmed a lower court’s decision giving Home Depot the rights to Edgenet’s “Big Hammer” database classification solution, which the Atlanta retailer duplicated after hiring Edgenet to be its solutions provider for manufacturers’ products and their many attributes.
According to court records, Home Depot contracted with Edgenet in 2004 to develop a “taxonomy” that would organize Home Depot’s products database. Under the agreement, Edgenet owned the intellectual property that was licensed to Home Depot.
In 2006, the contract was extended under new terms. Home Depot could use the Big Hammer license with no fee as long as Edgenet remained the retailer’s sole data pool vendor and continued paying for services. The 2006 agreement also gave Home Depot an out: The retailer could terminate the contract and stop using Big Hammer if it purchased a perpetual license for $100,000.
By 2008, Home Depot was developing an in-house product database incorporating the Edgenet technology, according to court records. Upon learning this, Edgenet filed a copyright for its Big Hammer taxonomy 2008 solution. In February 2009, Home Depot sent Edgenet a letter saying their business relationship would end soon and enclosed a check for $100,000 to purchase the perpetual license.
Edgenet returned the check. Instead, it filed a lawsuit claiming that it had agreed to sell Home Depot the original (2004) version of the copyrighted product and not something they could use to create their own system, which ultimately became HomeDepotLink. In addition, the Atlanta-based firm accused Home Depot of working on HomeDepotLink long before it sent the $100,000 check.
A federal district court dismissed the lawsuit, and Edgenet appealed. On Sept. 2, the Chicago-based appellate court upheld the lower court’s decision.
“Home Depot didn’t do anything wrong by copying the taxonomy before paying $100,000,” the ruling said. Calling Big Hammer “a work in progress,” the higher court concluded that, “Home Depot has not been in violation of the copyright laws for even one day.”
When contacted by Home Channel News, Edgenet media director Greg Batiansila said he could not comment on the federal lawsuit because a decision had not yet been made on whether to appeal the decision. But he pointed out that Edgenet is also pursuing the case in a Wisconsin state court, where the company has prevailed in the lower courts.
“We’re looking at other cases like ours that have been successful,” Batiansila said.
Edgenet currently provides product data feeds and data feed optimization for Sears Holding Corp. and its subsidiaries, eBay, Fastenal, Interline Brands, HD Supply, Orchard Supply Hardware, Acme Tools, Google and Bing.
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Air-powered tools, by the numbers
Air-powered tools have a market size of $184,163,000, according to research from Port Washington, N.Y.-based research firm NPD Group. Consumer research also shows mass merchants and specialty stores are growing, while warehouse home centers dominate the field.
Nailers continue to be the most popular air-powered tool type, growing in importance last year and declining slightly this year. Drills and sanders have made notable increases in sales in the most recent 12 months. The majority of air-powered tools are not sold as part of a kit, according to the NPD Group’s data, and this trend continues to grow.
Price is the primary factor determining which retailer is shopped, but proximity to home has grown in importance to 15.6% share. When it comes to the actual purchase, consumers put an emphasis on brand, price and features. Price declined slightly in importance over the past two years, while brand and features increased in importance.
Over the past two years, consumers age 45 and over have grown in importance for the air-powered tools category. Consumers with incomes under $15k and more than $100k have increased slightly in share, while those with middle incomes have held relatively steady from last year.
Methodology: NPD data are based on monthly tracking of more than 30 home improvement-related categories and 30,000 opt-in consumers.
*2011 data reflects the period October 2010 through September 2011.
**Key: WHC: warehouse home center; MM: mass merchant; DS: department store; SS: specialty store; HS: hardware store
*** More than one answer accepted
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Interesting to see that price
Interesting to see that price is decreasing in importance. I would think that buyers are starting to realize that paying more for a high-quality tool is worth the extra initial investment. Pay now or pay later... Eric @ Spanwell http://www.spanwell.com
Constructing a well-built roundup
Total housing starts jumped 15% in October. Whether that’s the beginning of a sustained comeback remains to be seen. But it’s the kind of news that casts a light glow on the products and solutions gathered here. From entryways to rooftops, here are products that are built to last, built to save or built for style.
LP Building Products has introduced a new insulation option in the UL-listed BXUV.U349 wall assembly with LP FlameBlock Fire-Rated Oriented Strand Board Sheathing. FlameBlock offers structural strength and fire resistance in one panel. Created by applying a proprietary, non-combustible, fiberglass-reinforced Pyrotite coating to LP OSB panels, it is an ICC-certified, PS2-rated structural sheathing with a Class A Flame Spread Rating. The product is also Exposure-1 rated, provides burn-through resistance, delivers a 20-minute thermal barrier (ASTM E119), and contains no hazardous chemicals. (lpcorp.com)
Armstrong World Industries’ AirGuard is a coating for ceiling tiles that actively removes formaldehyde and other aldehydes in indoor air. AirGuard Coating is applied to the back of ceiling tiles and actively removes aldehydes during the commissioning and early occupancy of a building. Tests show that it eliminates more than 90% of formaldehyde during the first year of use. It also helps reduce exposure level during “spike” periods, which occur when formaldehyde concentrations increase due to human activity and indoor air reactions with consumer products such as cleaning agents and office equipment. (armstrong.com)
Clopay Clayton Window
Clopay has added the Clayton window design to its Leaded Glass Series for the Gallery Collection. Clayton glass is also available on Clopay’s complementary entry door systems, giving homeowners the ability to coordinate their garage door and front door. Clopay is adding bronze as a color option on its 1-3/8-in. polystyrene insulated garage door Models 4050, 4051 and 4053. Long and short designs, as well as inserts, caulk, finishing nails, touch-up paint and various types of stop molding, including double flap and hollow stop, are available. (clopaydoor.com)
Dow PowerHouse Solar ShingleThe Dow Chemical Co. has announced it is bringing the Dow PowerHouse Solar Shingle to U.S. markets. The solar shingle combines the performance and protection of a conventional asphalt roof with an integrated photovoltaic (PV) system that powers the home. The product provides energy that saves the homeowner money. It is installed directly onto the roof deck, along with standard asphalt roofing shingles. The product acts as both the roof and the solar energy generator. (dow.com)
Pella entry doors
Pella has introduced three new entry door lines featuring Energy Star and Pella-exclusive performance innovations. The three new products are Architect Series wood-grain fiberglass entry door systems, Pella entry door systems in fiberglass or steel, and Encompass by Pella entry doors. Architect Series entry door systems offer the look of wood. Pella entry door systems offer the flexibility of fiberglass or steel in an extensive array of finishes. Redesigned from the inside out, the new Pella entry doors have the design flexibility of a prefinished stained or painted entry door. Encompass by Pella entry doors offer homeowners a competitive price and options in low-maintenance fiberglass or steel panels. (pella.com)
Garland Insul-Lock E HR
The Garland Co.’s new Insul-Lock E HR roof insulation adhesive is a highly elastomeric, one-step, VOC-compliant, foamable adhesive that sets in minutes. Insul-Lock E HR adhesive, which contains no solvents, offers the benefits of a two-component urethane adhesive and features a unique packaging construction that eliminates the risk of improper mixing through the use of special static mixing nozzles. It eliminates the need for deck penetrations and fasteners, leaving the deck intact. This lessens the possibility of structural damage and moisture entry, and minimizes the disruption of interior operations. Insul-Lock E HR adhesive bonds to a large variety of substrates, including structural decks, approved base sheets, insulation board layers and properly prepared graveled surfaces. (garlandco.com)
Versatex Soffit System
Versatex Trimboards has introduced a complete low-maintenance Versatex Soffit System, coupled with fascia and frieze boards. The Soffit is available in full 12-in. and 16-in. widths and is at premium lengths of 18 ft. to reduce joints. The vented soffit has a series of 1/8-in. grooves, designed to keep insects out. The venting pattern features 10 in. of free airspace per lineal foot. The Versatex Soffit System was designed to work in conjunction with the new Notched Fascia, which requires no flashing to be installed over the sub-fascia board, and the Frieze Board, featuring a ¾-in. by ¾-in. wide groove to accept nearly all siding products. (versatex.com)
CertainTeed’s new CertaCoat IC Intumescent Coating, designed for use with CertainTeed’s CertaSpray open cell polyurethane spray foam, is a single-component, latex-based coating that enhances the fire-rated performance of CertaSpray open cell foam insulation and delivers coverage at 200 sq. ft. per gallon. It is designed to provide an ignition barrier over CertaSpray open cell foam in attics or crawl spaces where access is restricted to service of utilities. CertaCoat IC complies with the AC377 Appendix X requirements, which requires all surfaces in an attic or crawl space with restricted access to be covered with an ignition barrier. CertaCoat IC can be administered with an airless sprayer, roller or brush. In addition, it is a latex-based product and cleans up with water. (certainteed.com)
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