If it's patent pending they don't have the patent, it very well could be it's denied and the people selling this square will get a patent themselves!
Right off a link from the patent office regarding patent pending items:
Therefore, it would not be appropriate to allow patent applicants to stop others from making, using, selling, and importing the invention (e.g. patent rights) described in their patent application because it is possible the Patent Office might later determine a patent should not be granted.
This alone should of stopped Dan from pulling anything at all.
There are provisional rights, but until the patent has been granted and the company feels they want to go after someone everything these guys selling this new square are doing is legal in Canada and the US.
Dan should put that back on his site becasue he is hurting the people making it, who are we to decide TSO is the one that is in the right, that's not our call at all. Maybe this guy(or company) showed his design 3 years ago on another forum. Maybe he is pulling out his hair saying how dare TSO use this design. Maybe they both thought of it concurrently, but we can think they copied, we know nothing at all. And to my eye it NOT identical. Would it aggravate me if I was TSO, heck yes, but business sucks.
Patent Pending means just that, it's pending. That being said I bought TSO and will stick with them.