David Casts Stone At Goliath

Promo Magazine: Oklahoma grocer Super H filed a lawsuit against Wal-Mart Stores for using a scanner to collect barcode data from products on Super H’s shelves.
The suit, filed in Osage County District Court on June 13, alleges that Wal-Mart sent workers into Super H to check prices as Wal-Mart readies to open a supercenter nearby in August.
Super H isn’t worried about the price information; its real concern is other data the scanner may have captured, such as inventory and wholesale price. “We’re trying to get [the scanner] back and find out what’s in there,” said Super H manager Greg McNeil.
Police confiscated the scanner and still have it; a county judge granted Super H’s request that the scanner not be returned to Wal-Mart.
Skiatook, OK-based Super H is a single, independent store.
It’s not uncommon for retailers to check competitors’ prices. The real question in this case is whether a scanner can capture proprietary data.

About David Burn

Native Nebraskan seeking the perfect pale ale in the Pacific Northwest. Disc golfer. Fan of Kurt Vonnegut, community radio and wolves in the wild. Copywriter and brand strategist at Bonehook. Co-founder and editor of AdPulp.

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