The first thing I notice is their Brain Flakes (TM) looks exactly like something I played with at school as a kid some 25-30 years ago (albeit the pieces were a little larger)
So I suppose the question is, how can you make money as a distributor of an over 50 year old product?
The article seems to suggest that they created this toy and that patent protection is an option, which seems at very least disingenuous.
[0] https://www.etsy.com/ie/listing/704956160/deelie-bobbers-gam... [1] https://patents.google.com/patent/US2984935A/en?oq=2984935 [2] https://patents.google.com/patent/US3177611A/en?oq=3177611
In theory. But having a patent lets you sue your competitors in a very expensive way for them, even if they win by invalidating your patent as straightforwardly as the legal system allows.
Funny how that works. I guess when the OP said you need a lawyer, it was more of a threat than friendly advice.
The only legitimate gripe that I see are a few other companies ripping off the marketing materials. Even so, the example of Brain Flakes vs. Creative Flakes is, IMHO, the only one that I would label as creating confusion among consumers.
Weird how the article doesn't mention those, while it talks about being ripped off...