Posture Pal and Posture Pro Differences Can Not Be Settled
Posture Pal inventors legal battles may not be over. Posture Pal inventor, Mr. Geisert, also sent a Cease and Desist warning to Posture Pro posture analysis developer, Dr. Joseph Ventura regarding Geisert's patent, the Posture Pal cushion regarding patent infringement.
Dr. Ventura was receiving royalties from Geisert's company, Posture Pal, for offering his endorsement, a scientific study, and marketing of the cushion to his clients.
After Posture Pal CEO Bernard Brown closed the companies and didn't tell any shareholders, he began selling the cushions without any company representation, essentially selling the cushion for his own personal gain.
Geisert re-assigned the patent to his own personal name as he was 51% owner of the company and sent Dr. Ventura warnings about his marketing and receiving payments for sold Posture Pal cushions which infringed upon his patent. Dr. Ventura responded that his loyalties were with who was paying him, Bernard Brown.
Geisert then gave Dr. Ventura 3 choices; 1. Become a neutral party, take down the Posture Pal information off his website and not support Bernard Brown or Chris Geisert while collecting royalties from both parties, 2. Support Bernard Brown and keep marketing from him and not receive any royalties from Geisert, or 3. Support FHP Products and receive royalties from Geisert. Dr. Ventura chose to support Bernard Brown, leaving Geisert to fend for himself.
After Bernard Brown stopped paying royalties to Dr. Ventura, Dr. Ventura decided to change teams and help Mr. Geisert and demanded royalties for cushions sold while he was not helping Geisert. Geisert offered to start paying Dr. Ventura royalties after he stopped supporting Bernard Brown but
Dr. Ventura feels entitled to royalties when Geisert was not using Dr. Ventura's marketing or endorsement and was infringing upon Geisert's patent.
As the two parties cannot resolve their differences, the legal issues facing a possible court case regarding Dr. Ventura and Geisert revolve around if the Posture Pal royalty contract makes the old royalty contract between Geisert and Ventura obsolete; if Dr. Ventura was infringing upon Geisert's patent, breaking the royalty contract; if Geisert is breaking the contract with Dr. Ventura; if Ventura refused to help Geisert he was not fulfilling his end of the contract making no royalties due to him.
As you can see, the legal questions are very difficult to answer and hard to settle.