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Post by mygigiscraps on Dec 5, 2017 17:53:12 GMT
I noticed Yana Smakula once again using the Tim Holtz one in a video I saw yesterday, and Nichol Spohr has a new video today where she was using it and saying how much she likes it. Maybe the Misti lady's reign of terror has ended?
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Kerri W
Pearl Clutcher
Posts: 3,768
Location: Kentucky
Jun 25, 2014 20:31:44 GMT
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Post by Kerri W on Dec 5, 2017 18:13:49 GMT
Is your question whether the lawsuit is over? Who knows with appeals etc
Or is the TH platform on the market? Yes. As a matter of fact, Stampin Up also has a platform on the market.
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Post by mygigiscraps on Dec 5, 2017 18:53:10 GMT
I have the platform, so I knew it had been released. I just knew that I hardly ever saw it used in YT videos. I also remember seeing a post somewhere in here about one of them saying that they were worried about lawsuits, so I was just curious about the outcome.
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Post by BSideCrafter on Dec 5, 2017 20:27:28 GMT
There was an alteration made to the TH platform (I think they removed a foam insert) and they came on the market in July vs April like they had planned.
As for the other clear knockoffs, I have no idea.
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GiantsFan
Prolific Pea
Posts: 8,280
Site Supporter
Jun 27, 2014 14:44:56 GMT
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Post by GiantsFan on Dec 5, 2017 22:49:14 GMT
I have the platform, so I knew it had been released. I just knew that I hardly ever saw it used in YT videos. I also remember seeing a post somewhere in here about one of them saying that they were worried about lawsuits, so I was just curious about the outcome. I think people were being cautious. Now that the dust has settled and Tonic/THSP and SU! have a product that is different enough, from a patent standpoint, than the "pink one" you will see more YT-ers using other versions. Vicky P and Nicole S are using the THSP.
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Post by artisticscrapper on Dec 6, 2017 2:39:55 GMT
I remember reading on one of the threads that the lack of using the MISTI in videos was possibly due to fear of alienating the large fan base ( the MISTI mafia, as someone put it). There may also have been some YouTubers whose affiliates were very pro Iliana. In any case it’s good to know the video crafters are becoming freer to use what they want.
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oaksong
Drama Llama
Posts: 6,163
Location: LA Suburbia
Site Supporter
Jun 27, 2014 6:24:29 GMT
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Post by oaksong on Dec 6, 2017 3:40:45 GMT
I noticed Yana Smakula once again using the Tim Holtz one in a video I saw yesterday, and Nichol Spohr has a new video today where she was using it and saying how much she likes it. Maybe the Misti lady's reign of terror has ended? Lol at "Misti lady's reign of terror"! I haven't heard anything further since Tonic produced a new version. Hopefully we can put her nonsense behind us, and YouTubers can use whatever they want from now on.
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camcas
Pearl Clutcher
Posts: 3,965
Jun 26, 2014 3:41:19 GMT
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Post by camcas on Dec 6, 2017 5:08:05 GMT
Well....now there is that little Christmas decoration generating income........
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Post by steakgoddess on Dec 6, 2017 6:29:53 GMT
I have both versions of the TH platform and the only thing I've noticed that is different is the upper corner. The ruler guides meet in one version and do not in the other.
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scrappington
Pearl Clutcher
in Canada
Posts: 3,139
Jun 26, 2014 14:43:10 GMT
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Post by scrappington on Dec 6, 2017 17:32:45 GMT
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Post by caspad on Dec 6, 2017 18:50:19 GMT
I think I saw Cathy Zielske use the TH platform too. Or she mentioned it recently on her blog.
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Post by binkiemonstermom on Dec 7, 2017 16:08:31 GMT
Okay take this with a grain of salt: I was told from a local retailer that 1) the misti creator was extremely hard to deal with at a wholesale level. 2) the lawsuit was settled because while the MISTI creator was suing TH for the US patent....TH holds international patents and he basically said if I can't sell in the US, the MISTI couldn't be sold OUTSIDE of the US. and that is why it was settled. Now this was heard from someone else, I have NO personal knowledge that it is true or false but it made sense.
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Post by anniefb on Dec 7, 2017 18:30:48 GMT
Okay take this with a grain of salt: I was told from a local retailer that 1) the misti creator was extremely hard to deal with at a wholesale level. 2) the lawsuit was settled because while the MISTI creator was suing TH for the US patent....TH holds international patents and he basically said if I can't sell in the US, the MISTI couldn't be sold OUTSIDE of the US. and that is why it was settled. Now this was heard from someone else, I have NO personal knowledge that it is true or false but it made sense. Interesting;)
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Post by mygigiscraps on Dec 7, 2017 22:29:28 GMT
That is very interesting indeed!
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Post by clairelyclaire on Dec 19, 2017 22:38:51 GMT
What was happening to people using the MISTI in videos?
I was looking at some random crafting stuff on Amazon and saw in one review for the WRMK Precision Press that it was discontinued due to the MISTI's creator going after WRMK and Hampton Arts.
Was she also going after people using her products in how-to videos?!
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JustTricia
Pearl Clutcher
Posts: 2,825
Location: Indianapolis
Jul 2, 2014 17:12:39 GMT
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Post by JustTricia on Dec 19, 2017 23:32:17 GMT
What was happening to people using the MISTI in videos? I was looking at some random crafting stuff on Amazon and saw in one review for the WRMK Precision Press that it was discontinued due to the MISTI's creator going after WRMK and Hampton Arts. Was she also going after people using her products in how-to videos?! I believe she referenced either a few early use blog posts or early use YT videos in her lawsuit to prove the products were similar.
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Deleted
Posts: 0
Apr 20, 2024 7:21:38 GMT
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Post by Deleted on Dec 19, 2017 23:35:29 GMT
What was happening to people using the MISTI in videos? I was looking at some random crafting stuff on Amazon and saw in one review for the WRMK Precision Press that it was discontinued due to the MISTI's creator going after WRMK and Hampton Arts. Was she also going after people using her products in how-to videos?!I'm not sure about videos but she was going after people on message boards, including here. The threads here are plentiful if you do a search.
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scrapaddie
Drama Llama
Posts: 5,090
Jul 8, 2014 20:17:31 GMT
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Post by scrapaddie on Dec 20, 2017 5:05:53 GMT
What was happening to people using the MISTI in videos? I was looking at some random crafting stuff on Amazon and saw in one review for the WRMK Precision Press that it was discontinued due to the MISTI's creator going after WRMK and Hampton Arts. Was she also going after people using her products in how-to videos?! Why would she? That's free advertising!
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Post by sleepingbooty on Dec 20, 2017 6:01:19 GMT
Okay take this with a grain of salt: I was told from a local retailer that 1) the misti creator was extremely hard to deal with at a wholesale level. 2) the lawsuit was settled because while the MISTI creator was suing TH for the US patent....TH holds international patents and he basically said if I can't sell in the US, the MISTI couldn't be sold OUTSIDE of the US. and that is why it was settled. Now this was heard from someone else, I have NO personal knowledge that it is true or false but it made sense. Well, that would make things interesting. And juicy! If that's the case, I can't help but think Ranger thought out the strategy while they were designing the stamp platform.
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Post by don on Dec 20, 2017 6:14:28 GMT
I don't how (or really if) Petunia got a patent for the misti. I know she got a patent pending. I had the audacity to make my own which I call Clingon, posted a pic of it online. I got many raves about it. She actually signed up to the forum as Mysweetpetunia, to have me remove the pic, it's still there. She had 1 post and it was to my gallery just to voice her opinion. I have a Lifestyle Crafts Letterpress Kit from before WRMK bought Lifestyle Crafts 4 or 5 years ago. It was designed for a different purpose, but functions much better than the misti. I especially like the floating hinge and the fact it goes thru my Vagabond & my Cuttlebug. I also have Precision Press I got on sale at Jo's.
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Deleted
Posts: 0
Apr 20, 2024 7:21:38 GMT
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Post by Deleted on Jan 31, 2018 5:13:39 GMT
Not over: "The litigation between My Sweet Petunia and Tonic Studios over alleged patent infringement continues. My Sweet Petunia, maker of the MISTI tool, is suing Tonic Studios over the Tim Holtz branded stamping tool that was announced at Creativation last year. After the first suit was filed by My Sweet Petunia, the tool’s release was delayed so it could be redesigned. After the new version of the Tim Holtz stamp platform was subsequently released by Tonic Studios, a second patent infringement lawsuit was filed in August by My Sweet Petunia. Current legal filings include motions to possibly merge the two cases into one proceeding. The biggest fight in the case currently, however, is a motion still being fought over in which My Sweet Petunia is requesting an injunction preventing Tonic Studios from selling the Tim Holtz stamp platform until the case is decided. My Sweet Petunia is arguing to the court (in heavily redacted documents so numbers aren’t publicly visible) that the MISTI’s sales have experienced a “dramatic reduction in unit sales” and that My Sweet Petunia “stands to lose its entire business in the absence of prompt court intervention.” " Aw, Petunia. I'm so sad. (not really - you pretended you invented the concept of a printing press - but you didn't. I hope the case is thrown out.) www.scrapbookupdate.com/2018/01/12/update-facebook-instax-my-sweet-petunia-jobs-and-more/
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Post by ScrapsontheRocks on Jan 31, 2018 5:41:10 GMT
Not over: "The litigation between My Sweet Petunia and Tonic Studios over alleged patent infringement continues. My Sweet Petunia, maker of the MISTI tool, is suing Tonic Studios over the Tim Holtz branded stamping tool that was announced at Creativation last year. After the first suit was filed by My Sweet Petunia, the tool’s release was delayed so it could be redesigned. After the new version of the Tim Holtz stamp platform was subsequently released by Tonic Studios, a second patent infringement lawsuit was filed in August by My Sweet Petunia. Current legal filings include motions to possibly merge the two cases into one proceeding. The biggest fight in the case currently, however, is a motion still being fought over in which My Sweet Petunia is requesting an injunction preventing Tonic Studios from selling the Tim Holtz stamp platform until the case is decided. My Sweet Petunia is arguing to the court (in heavily redacted documents so numbers aren’t publicly visible) that the MISTI’s sales have experienced a “dramatic reduction in unit sales” and that My Sweet Petunia “stands to lose its entire business in the absence of prompt court intervention.” " Aw, Petunia. I'm so sad. (not really - you pretended you invented the concept of a printing press - but you didn't. I hope the case is thrown out.) www.scrapbookupdate.com/2018/01/12/update-facebook-instax-my-sweet-petunia-jobs-and-more/Thank you for the update. I wondered recently what the state of play was. Unfortunately, as someone who used to buy everything TH put out (still might have been doing so had we not decided to travel the world in our declining years) but who has a legal training, I cannot support him in his fight to say his redesigned platform is not a copy, that it is original. Let me be clear: this does NOT mean I support MSP. This does NOT mean I am taking sides. ALL it means (obviously I have experience in having been attacked by the fangirls before) is that I am a legal purist. I see his redesign of the ruler portion, the "upper left corner" portion, as exactly what it was- a response to the words of the patent (pending). A repeat of what MSP did when she altered whatever else was out there, letterpress, whatever. Neither of them comes out well in my opinion, if we are judging originality. On customer service and charisma, TH is waaaay ahead. That doesn't mean he is legally more correct, though. I did not specialize in patent law so I would hope the court will eventually sort this aspect out. Now on something I am indeed qualified to speak about- the injunction. Standard stuff, no matter which area of law is being disputed. MSP needs to "freeze" everything while extremely lengthy court proceedings play themselves out. If she is correct in her action, if she "wins" it will mean nothing if her business has gone under. This is why she seeks the injunctive relief. On this aspect, I am unsure whether she is also going after all of the other "copycats" or whether she is concentrating on Tonic. If I knew the answer to this question, I might change my view on her bona fides. ETA: one more thing, and unfortunately it does reflect on bona fides- the release of the tool was NOT delayed pending the redesign. It was sent out internationally. Tonic did not lose one single sale; on the contrary, the pent- up demand probably benefitted sales.
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Deleted
Posts: 0
Apr 20, 2024 7:21:38 GMT
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Post by Deleted on Jan 31, 2018 8:21:13 GMT
ScrapsontheRocks You wrote a beautiful post. No hate from me. I agree with you on many of the points. To this recent development topic- I don't want to see her lose her business. I never have. I wanted to see her succeed. When I am playing on Instagram I always peek at the posts with the MISTI because I think it is a pretty platform. This is the one industry I always admired how everyone shares. I know this is a Tim story but it is recent. Judikins Diamond Glaze is rumored to be struggling. Tim took their product and rebranded it. It was one of the hot picks at Creativation this year. Judikins can stay in business. This is why I always loved this industry. The companies work together and help each other. Iliana has been in this industry a long time and she knows this. The decisions she has made just have been bad. Harassing forum members, bloggers, YouTuber's. Using a respected forum to throw her weight around. Lawsuits against people who would have been gladly to work with her. Sneaky religious quote branded on her product. I am sorry her company is failing. I was hoping in time she would receive contracts to sell MISTI's in our brick and mortar stores. I am sure American Crafts or WRMK would have partnered with her but I bet they are like "NO EFFING WAY!" at this point. I know I would be. I am not a legal expert. I have no law expertise. I am not touching all the legalities of this new lawsuit. The one thing I do know is this industry. I have known a lot of the people in this industry a long time. This is not a sue happy industry. Cricut almost imploded when they did it. I am going to be so hated for this but they were justified in a few of their complaints. The question us consumers all said over and over again. "Why did you not work with the individuals you are suing?" They did not listen until it was almost too late then they realized they should have listened. Iliana can throw lawsuit after lawsuit all she wants. She needs to face she is losing sales because of her reputation. The consumers heard and they are hesitant to buy her products. Yes, if Tim copies her design then this needs to be addressed. I have said that before over here. At this point this lawsuit isn't about losing sales to Tim. This is about her reputation in the industry. Personally for me, I wanted the MISTI. She has sizes that fit my needs. I like the pink. I don't want a religious quote on my product. Sorry, I am not trying to be a hater. I don't want any quotes on certain products and a stamp press would be one of them. I won't buy from her. I don't trust her. She has already shown me that she doesn't care about me as a customer or would provide good customer service. She is too busy suing everyone to worry about flaws on her own press. That should be her first concern. It is ok she has flaws on her press. All our tools have flaws. Take care of the flaws and stop showing your customers that you are first and we are last.
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Deleted
Posts: 0
Apr 20, 2024 7:21:38 GMT
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Post by Deleted on Jan 31, 2018 13:25:25 GMT
Ii disagree that Tim copied "her design". He made a press. She made a press. Gutenberg made a press. The concept of a press is Platonic. The implementation of each press is different.
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Deleted
Posts: 0
Apr 20, 2024 7:21:38 GMT
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Post by Deleted on Jan 31, 2018 13:47:44 GMT
Ii disagree that Tim copied "her design". He made a press. She made a press. Gutenberg made a press. The concept of a press is Platonic. The implementation of each press is different. Yes! She is a bully. if her business is failing, it's because she's spending all her dollars on legal fees. ]
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Post by streetscrapper on Jan 31, 2018 13:50:09 GMT
I agree that MSP should have partnered up long ago with some big company and sold her beloved Misti in big box stores. She wouldn't have a failing business and lawsuit after lawsuit. I fully believe that it is because of her attitude and poor customer service that her business is failing. I have an original Misti that is cracking badly and I also have the TH Stamp Platform. To be honest (and I cringe when I write this), I prefer the Misti. GASP! I know, right! And to be even more honest... I have even considered buying another one because I am just not a big fan of the TH Stamp Platform. But at the end of the day after watching and reading about how she has treated people, I simply cannot support her. Tonic has the BEST customer service I have ever experienced and I will continue to purchase anything they release. I will learn to love my TH Stamp Platform just so I won't have to purchase another Misti (but I will continue to use my very badly cracked version until the very end!)
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Post by cbet on Jan 31, 2018 15:16:42 GMT
ETA: one more thing, and unfortunately it does reflect on bona fides- the release of the tool was NOT delayed pending the redesign. It was sent out internationally. Tonic did not lose one single sale; on the contrary, the pent- up demand probably benefitted sales. I could be wrong, but I think I read somewhere that MSP does not have an international patent. The Tim platform was sold overseas; so is the Hampton Art version (which is absolutely a copy). And now Stampin Up is releasing one that is very much like the Tonic, but with an extra lid and set of hinges. If she starts messing with Stampin Up, I can't see it going well for MSP. I'm like amayalylac. When the Misti first came out, I wanted one. I thought it was priced awfully high for what it was, but I'd have been willing to pay it at the time. But back then, you had to find out when she had a batch ready to ship and be quick enough to jump on her website and get one. By the time she started putting people on a wait list, I was a bit more tentative. Then I found out about the religious quote and that some of the original ones were cracking and she wasn't providing much for support, and some of her supporters over at SCS were exhibiting almost cult-like behavior. Then she started with the lawsuit-threatening and I was done. Made my own with parts from EBay and the dollar store. Since then, I've purchased the Hampton Arts platform and the Tim Holtz platform - and the WRMK Letterpress platform (because it was on a really good clearance sale). None of them are perfect, but few of my tools are.
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Post by scrapaddict702 on Jan 31, 2018 20:35:39 GMT
MSP has partnered with Hero Arts (the Misti is in their 2018 catalog) and it actually taints my perspective of them because of her reputation.
I truly think this was a VERY bad business move on their part. Crop Chocolate was a really good daily sales site...the moment they announced their plan to merge with Oh My Crafts their sales plummeted something like 60% because of the reputation of OMC. Even after deciding to not follow through on the merger, the damage was done. Crop Chocolate ended up going bankrupt because of their decision to tie their brand with such a terrible company.
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Post by cbet on Jan 31, 2018 21:52:04 GMT
MSP has partnered with Hero Arts (the Misti is in their 2018 catalog) and it actually taints my perspective of them because of her reputation. I truly think this was a VERY bad business move on their part. Crop Chocolate was a really good daily sales site...the moment they announced their plan to merge with Oh My Crafts their sales plummeted something like 60% because of the reputation of OMC. Even after deciding to not follow through on the merger, the damage was done. Crop Chocolate ended up going bankrupt because of their decision to tie their brand with such a terrible company. I think that Hero Arts is big enough that they aren't going to go out of business because they carry the MISTI, but I agree that it taints my perspective of them. Aren't Jennifer M and Lydia (from Splitcoast) both part of Hero Arts' design team? Although, perhaps with Hero Arts behind it, there will actually be some sort of customer service for the defective ones.
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Post by QueSeraSera on Jan 31, 2018 22:42:33 GMT
Jennifer M is a bitter petunia fan. Guessing I'm done with Hero Arts.
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