Released on = February 23, 2006, 2:49 pm

Press Release Author = Tim Celeski

Industry = Law

Press Release Summary = Seattle, WA (February 23, 2006) Why are millions of dollars
at stake over a
common term of endearment, a fragrant flower, or a teeny green vegetable? The
words "Sweet Pea" are at the heart of the latest David-vs-Goliath Internet legal
battle.
At risk are millions of dollars and the future of dozens -- perhaps thousands -- of
individuals and small businesses.

Press Release Body = Armed with the results of a simple Google search, a Miami
attorney has launched a
$16 million lawsuit against 52 of the tiniest businesses on the Internet. The
attorney's
tools: an intimidating two-inch thick lawsuit, a short timeline to respond in a distant
forum, and a threat of a multi-million dollar judgment. The attorney's techniques: pick
only the smallest defendants who can't afford to litigate a highly questionable
lawsuit.
The attorney's goal: to obtain a $5,000 contingency payoff from each defendant and
collect $260,000.

In January of 2006, attorney Alexander E. Barthet of Miami, Florida on behalf of his
clothing company client Sweet Pea Limited, Inc. went to Federal District Court in
Florida and filed a complaint claiming that 52 companies or individuals located
throughout the United States were violating their trademark. The clothing company's
lawsuit contends that using the commonly used words "Sweet Pea" in any form -- not
just their stylized version -- on any article of clothing is in violation of their
trademark
rights and therefore they are entitled to millions of dollars in damages. Most of the
defendants are creating original designs using the words "Sweet Pea" graphically on
Tshirts
and children's clothing.

Small Firms Intentionally Targeted
Notably missing from the list are any large defendants. All the companies being sued
are one-person businesses. For example, Nordstrom (Stock Symbol: JWN) sells both
the Sweet Pea Limited line of clothing as well as the products of one of the
defendants. In addition, a major Internet retailer, CafePress (www.cafepress.com), is
the seller, manufacturer and distributer of most of the alleged infringing products. By
not first issuing a cease and desist order, the attorney's real intentions were made
perfectly clear when a $5,000 one-time payment was demanded from each defendant.

Intellectual Property Lawsuits are a Growing Concern
Questionable intellectual property lawsuits using the Internet as a tool to find
possible
defendants are the coming thing in what is often referred to as "litigation extortion."
Like some of the ADA lawsuits of years past, this technique is becoming a common
way to demand money from innocent and vulnerable people. By claiming questionable
trademark rights to very common words, a number of attorneys around the country
are seeking out-of-court settlements from innocent defendants who don't have the
knowledge or financial resources to defend themselves in a court of law. As these
types of lawsuits become more common, they are attracting high levels of concern
from organizations such as the Electronic Frontier Foundation (EFF).

About the Defendants
The 52 defendants consist mostly of one person home-based businesses that offer
Tshirts,
children's or baby clothing featuring various original designs that include the
words "Sweet Pea" in some form. While a few manufacture their designs on clothing in
small quantities, most offer their designs on products at the popular online merchant
CafePress where the items are produced on a made-to-order basis. Most of the
defendants have sold very few items. A number of them have not sold anything at all
bearing the contested term of endearment.

A suit of this scope and size has been a shock to all the defendants. The ability to
either fight it or pay off the plaintiff's attorney is beyond the means of most of
them.

The effect of the suit can be seen below in some of their comments:
\"Without some publicity to expose preposterous attacks such as this, underhanded
individuals will be inspired and allowed to claim \"intellectual property\" over any
common phrase or name as a shortcut to the profits they desire, attacking small
business owners in any area - not even those in direct competition... it would be a
real
blow to our free enterprise system.\" Allaina H., Illinois

\"I started my kid\'s online store, GiggleWiggles.com, to help pay my mounting debt
due to medical bills I got last year after having a baby. And now, thanks to this
ridiculous lawsuit, I have to go into further debt just to fight this absurdness
because I
call my daughter \"Sweet Pea\" and put it on a T-Shirt.\" Laura O., California

\"We are just the average American family in a small town setting. We had to look at
the possibility of paying the Plaintiff\'s demand for compensation--even though
everyone who hears the details of this case can plainly see how ridiculous it is. Five
thousand dollars is a devastating amount of money for a family like mine. I stay at
home with the babies while my husband works. In our small Kansas town, there isn\'t a
job that could afford me to place my children in childcare--and be able to pay off
this amount of money in any kind of timely fashion. But to fight this out in court
could
cost us the college funds for the girls--even if its dropped before it gets to a
real trial.
That\'s what people don\'t realize and that\'s what the Plaintiff\'s law firm is
counting on.\"
Kim A., Kansas

About Sweet Pea
In use for hundreds of years on products of all types, "Sweet Pea" is a term of
affection or endearment, the name of a flower, the name of a vegetable, and the name
of a baby in a "Popeye" cartoon.
# # #
About the Sour Peas
Sour Peas is the name of the ad hoc organization of the 52 Sweet Pea defendants who
are working together both legally and publicly to bring this shakedown lawsuit to an
end.

For more detailed Sour Peas information, additional media resources, legal details
and contact information for interviews visit: www.sourpeas.org.

Sour Peas resource contact:
Tim Celeski, 206-932-3838 (phone);
206-933-3278(fax); info@sourpeas.org

The Sour Peas legal defense is by Ted Ward at Ward & Harrison in Los Angeles
Phone: 213-995-2500.

The plaintiff's attorney is Alexander E. Barthet in Miami
Phone: 305-347-5290.

The plaintiff is Sweet Pea Limited in Miami. Contact Stacy Frati
Phone: 305-634-0700.

Web Site = http://www.sourpeas.org

Contact Details = Sour Peas resource contact:
Tim Celeski, 206-932-3838 (phone);
206-933-3278(fax);
info@sourpeas.org