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Post by Deleted on Feb 14, 2018 5:32:07 GMT
But JM and Tim are friends. ? Yes I thought so but her allegiance on the stamp press is to bitter petunia. It's what she's uses and promotes. Maybe it's somehow an act of solidarity among inventor-types? I believe Jennifer's husband holds several patents too. It just seems misguided that Jennifer would be so attached to this one person's product after building a whole career around not being owned by a company or a design team member.
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Post by gmcwife1 on Feb 14, 2018 21:58:27 GMT
I think a few of the designers have some kind of contract with MSP. I know at one time, one of them mentioned fear of legal action when they were asked why they don't use other brands of positioners. I think this was in one of the Facebook groups we are in
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Post by don on Feb 15, 2018 2:38:10 GMT
The "clam shell press" has been in the paper crafting industry for many years before Misti came along, I think the issue is nobody patented it. A history lesson; the term "Yellow Pages" nor "The walking fingers" were ever patented, now almost every phone book (I don't know who uses them) has a Yellow pages and walking fingers.
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Post by cbet on Feb 15, 2018 14:38:28 GMT
The "clam shell press" has been in the paper crafting industry for many years before Misti came along, I think the issue is nobody patented it. A history lesson; the term "Yellow Pages" nor "The walking fingers" were ever patented, now almost every phone book (I don't know who uses them) has a Yellow pages and walking fingers. I can't figure out how she got a patent on the thing to begin with, for that exact reason. There was a stamp company that packaged their stamps in the hard shell dvd cases that showed how to use the cases as a stamp press YEARS before the Misti came along (I think it was See-D's, but don't quote me on that). Then, after the Misti came out, a youtuber showed how to use a dvd case as a stamp press, and caught all manner of flak from the MistiBots. I don't remember her actually being threatened by a lawsuit, though.
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Deleted
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Post by Deleted on Jul 12, 2018 12:38:09 GMT
riley posted on the stamping site about the case being over. I found a few links: www.pacermonitor.com/public/case/21056464/My_Sweet_Petunia,_Inc_v_Tonic_Studios_USA_Inc litigation.maxval-ip.com/Litigation/DetailView?CaseID=aL90nQ5yLmw%3D&logstat=false&Party=My%20Sweet%20Petunia,%20Inc.%20v.%20Tonic%20Studios%20USA,%20Inc. Looks like there was a report to the court and then she dismissed.
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scrappyesq
Pearl Clutcher
You have always been a part of the heist. You're only mad now because you don't like your cut.
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Jun 26, 2014 19:29:07 GMT
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Post by scrappyesq on Jul 12, 2018 12:43:58 GMT
Yaaasss!! And With Prejudice means forever. Take that, jerky MSP.
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Deleted
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Post by Deleted on Jul 12, 2018 13:04:53 GMT
Yaaasss!! And With Prejudice means forever. Take that, jerky MSP. What does it mean? It looks like she filed the dismissal? The the judge allowed it to be dismissed? Do you think there was a payoff?
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Post by scrappinheather on Jul 12, 2018 13:42:49 GMT
I don’t practice patent law but I am a lawyer. From looking at the pleadings that were filed with the court it appears her original complaint did not state a claim for patent infringement. She then filed an amended complaint trying to fix the defects. Tim Holtz filed a motion to dismiss her complaint likely on the grounds that it still failed to show how his design infringed on her patent. It also looks like she may have taken Tim’s deposition. After reviewing Tim’s motion to dismiss and the information she had she decided that she was not going to get a favorable ruling so she dismissed her lawsuit. She may have dismissed it because Tim paid her some $$ on the side to dismiss it, because she didn’t want to incur additional legal fees fighting it when she knew there was a slim chance of success, or she didn’t want a judge issuing a ruling showing there was no infringement in her patent. Hard to say why she dismissed.
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oaksong
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Jun 27, 2014 6:24:29 GMT
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Post by oaksong on Jul 12, 2018 14:51:18 GMT
Good to know that ugly business is finally over. She bullied so many individuals, but wasn't able to do the same with a corporation. I hope her victims feel a little bit of vindication over this outcome.
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Post by sleepingbooty on Jul 12, 2018 16:56:04 GMT
Oh no, we won't have to return our TH x Tonic Studios stamp platforms and buy an overpriced one that includes a mandatory Bible quote? I'm disgusted. What is this "justice" system you all speak of?
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Post by anniefb on Jul 12, 2018 17:50:31 GMT
Glad that whole ugly business is at an end.
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Post by scrappyem on Jul 12, 2018 22:54:01 GMT
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Post by artisticscrapper on Jul 13, 2018 4:00:13 GMT
I’d usually root for a small business over a big corporation but in her case I’m making an exception. I think I’ll do some stamping this weekend with my Tim Holtz stamping platform to celebrate.
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Post by 50offscrapper on Jul 13, 2018 4:34:50 GMT
I don’t practice patent law but I am a lawyer. From looking at the pleadings that were filed with the court it appears her original complaint did not state a claim for patent infringement. She then filed an amended complaint trying to fix the defects. Tim Holtz filed a motion to dismiss her complaint likely on the grounds that it still failed to show how his design infringed on her patent. It also looks like she may have taken Tim’s deposition. After reviewing Tim’s motion to dismiss and the information she had she decided that she was not going to get a favorable ruling so she dismissed her lawsuit. She may have dismissed it because Tim paid her some $$ on the side to dismiss it, because she didn’t want to incur additional legal fees fighting it when she knew there was a slim chance of success, or she didn’t want a judge issuing a ruling showing there was no infringement in her patent. Hard to say why she dismissed. Somehow I doubt Tim or Tonic paid her to go away. Her case didn't have merit.
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Deleted
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Post by Deleted on Jul 13, 2018 6:35:07 GMT
I was clueless about the lawsuit and the MISTI owner's behaviour until reading about it on this forum. Boy, am I glad I decided to buy the Tim Holtz platform!
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Post by QueSeraSera on Jul 16, 2018 5:08:29 GMT
Good thing this is over and done with finally. Not a MSP fan.
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Post by BSideCrafter on Jul 17, 2018 1:01:44 GMT
Uh oh Jennifer McGuire is coming after Tim now. 😂
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Post by QueSeraSera on Jul 17, 2018 1:41:06 GMT
BSideCrafter I thought the same thing when I watched her instastory 😂
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Post by BSideCrafter on Jul 18, 2018 18:09:01 GMT
Announcement from TonicSadly it looks like Misti won I just ran to Amazon to buy my travel platform before it disappears. I can't believe that this happened. I am shocked and I will never support the Misti company even if I have to start linking to other countries when using my stamp platform.
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Post by QueSeraSera on Jul 18, 2018 19:56:59 GMT
I don't necessarily read it as a win for Petunia. Tonic mentions specific model numbers in the announcement. I think they'll make some tweaks, change the model numbers, and rerelease. Very smart to do it this way because the lawsuit was dismissed with prejudice which means a settlement was reached so Petunia cannot sue for the same issue again. Tonic releasing this announcement also shows good faith on their part so Petunia will have a more difficult time trying to demonstrate bad faith and try to file suit again IMO. Well played Tonic. Well played.
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Post by streetscrapper on Jul 18, 2018 20:08:20 GMT
I don't necessarily read it as a win for Petunia. Tonic mentions specific model numbers in the announcement. I think they'll make some tweaks, change the model numbers, and rerelease. Very smart to do it this way because the lawsuit was dismissed with prejudice which means a settlement was reached so Petunia cannot sue for the same issue again. Tonic releasing this announcement also shows good faith on their part so Petunia will have a more difficult time trying to demonstrate bad faith and try to file suit again IMO. Well played Tonic. Well played. Interesting point of view. Didn't think of that!
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Post by BSideCrafter on Jul 18, 2018 20:12:23 GMT
I don't necessarily read it as a win for Petunia. Tonic mentions specific model numbers in the announcement. I think they'll make some tweaks, change the model numbers, and rerelease. Very smart to do it this way because the lawsuit was dismissed with prejudice which means a settlement was reached so Petunia cannot sue for the same issue again. Tonic releasing this announcement also shows good faith on their part so Petunia will have a more difficult time trying to demonstrate bad faith and try to file suit again IMO. Well played Tonic. Well played. I didn't think of that. That is well played on Tonic's side then.
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Post by anniefb on Jul 18, 2018 20:45:48 GMT
Doesn’t affect us in the Southern Hemisphere. If anyone wants a contraband platform shipped from New Zealand just let me know
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FurryP
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Post by FurryP on Jul 18, 2018 22:29:20 GMT
What are the accessories they speak of? I can only think of the magnets and covers? That is it right?
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GiantsFan
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Post by GiantsFan on Jul 18, 2018 23:03:43 GMT
What are the accessories they speak of? I can only think of the magnets and covers? That is it right? Those are the only items I can think of. And TBH, I prefer the bar magnets rather than the round ones. I got the cover pretty cheap, but a neoprene tablet or laptop cover would work.
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Post by BSideCrafter on Jul 19, 2018 0:13:11 GMT
What are the accessories they speak of? I can only think of the magnets and covers? That is it right? I have the sleeve for my large one. I think it's almost too tight and with as tough as I've been on mine at home it's pretty rugged without the sleeve. I also do the bar magnet vs the circles.
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Post by scrapaddict702 on Jul 19, 2018 0:15:08 GMT
Are those model numbers the ones that were ALREADY discontinued or is it because there are 2 numbers it means the original sized rerelease and the mini?
Maybe Tim and/or others already realized there were improvements to be made and it was one of those instances where they were already planning to make the changes and it was an easy spin?
Like going over to break up with someone for them to beat you to it and pretending like it is really hard to take when you're actually relieved, lol.
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scrapnnana
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Post by scrapnnana on Jul 19, 2018 2:05:57 GMT
Some interesting points have been raised.
For my part, I've been happily using my Tonic platform for awhile. I'm glad I have it, even if they do come out with a new, improved (altered) version later.
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Deleted
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Post by Deleted on Jul 19, 2018 3:02:25 GMT
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craftymom101
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Post by craftymom101 on Jul 19, 2018 3:06:46 GMT
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