Restraint Of Trade?

[Phil Croucher]

Hi guys - it would appear that Mr Culhane has written to several aviation bookshops threatening to sue them if they stock my books. I know that many of them have told him to shove off, and in fact, some don't stock his titles any more, which is probably why he had to open a shop, but if this has caused difficulties with anybody here I would like to know about it.

 

If any of you have any experience with this sort of thing, I would appreciate your thoughts - he's not the only one with a law degree, but mine isn't Canadian. It sounds as if he deserves another pasting like the one he got with aerotraining.

 

Phil

[transquebecniece]

What a curious circumstance, Mr. Ross. I've never heard of such a thing and I've worked in publishing a long time.

 

I'm assuming the attempted "restraint of trade" has its roots in the fact that you've both published training manuals which might be deemed "competitive titles." But so what? Folks publish competitive how-to training manuals all over the globe, on a multitude of topics, on a fairly regular basis. To the best of my knowledge, one cannot sue a book retailer for carrying/selling a competitive title of any author unless the book retailer and the exclusive author have a signed "exclusivity" contract.

 

On what grounds, the threatened lawsuits to retailers? I mean, short of exclusivity or outright plagiarism, copyright or trademark infringement (which has nothing to do with the retailers obviously; that's between authors), on what grounds the threats?

 

If it is nothing more than a little heat from the competition, well...you just stick to your guns and I wish you phenomenal success with your books. Competition is a good thing, as is diversity in expertise, regardless of specialty niche.

[Ryan]

For what it's worth.... your books are a far better product Phil. If a store wants to stock the other guy's stuff only, that's their loss.

[tDawe]

I used a Culhane's book once to study for my CPL(A), I knew I was ready to write it when I could pick out all the mistakes in it.

[volition]

Exactly tdawe!!! Imagine if I had to learn with his book by my self with no classroom!! Full of mistakes!!! :shock:

[Phil Croucher]

Well, it's a tactic he often uses - he tried to sue aerotraining for supplying free exam questions on their web site, and lost miserably - it cost him 80,000 bucks, as I recall, and he lost more on the appeal. The trouble is, although none of his cases have any merit, it's still a pain to sort it out in court, and who's got the time anyway. However......

 

I'm normally a live and let live kinda guy, but all the adverse comments I've kept off my web site about his stuff out of politeness are going back on - tdawe - can I use you very astute remark?

 

The reason I started writing my books in the first place is because of his substandard product!

 

I don't know what the grounds are for his threat yet, but I will keep you posted.

 

Phil

[Winnie]

UNfortunately i have to agree with everyone here...

 

Have used the aforementioned courses for various licenses, but...

 

The mistakes are many, and If you call the author on them, he'll rationalize his way out of them, believe me, I've tried.

 

So Albert, you have my full support. When are you coming up with an instructor course if you don't already??

 

Cheers

H.

[Phil Croucher]

Actually, I do have an instructor book - it started off as a supplement to the Commercial books, since you have to know that whole syllabus.

 

It probably needs a bit more work, though, as I'm not (yet) a full instructor myself - just a type rating instructor. PM me your email, and I'll send you the PDF for a sneak preview.

 

I know that Aviation World don't stock Mr C's stuff because he's gone in so many times shouting and screaming at them for not putting his books in a prominent position. They told him to rearrange two words into a well-known phrase or saying - I'll leave you to guess what they were!

 

 

Phil

[Huffy]

Hey Phil,

 

Your "competitors" books don't make it through the front door at this school.

 

Cheers,

 

JR

[transquebecniece]

Just a quick word of caution here to be careful what is said and how you say it; folks who relish litigation drool over potential ammunition. Perhaps take it to PM if in doubt.