Temu has knock-off stinky petunia stamp platform

I’m making my way thru the 17 page thread from 2015 (I think) and am getting a better understanding of what happened.

I’m happy to see that even after her threats, Don’s picture of his DIY version is still up :-)

She got the patent because it met the requirements of the patent law. If I produced something like that I'd file for a patent too, and enforce it.

IF the Stamparatus was found to violate her patent, and I don't think it has been, then I think the patent is too broad. The Stamparatus is much less like the MISTI than Tim Holtz and others I've seen. But if I understand the situation correctly, that final court case between SU and MSP has not happened. Stamparatus was pulled from the market without having been ruled infringing. I'm not sure what to make of that fact, but I still think it has some sort of significance.

And there are patents that are granted and overturned because they are found to be invalid/overly broad/incorrectly granted. It may not happen often, but it happens. The law is not an exact science; it's a liberal art.

Does the Stamparatus have a hinge? Sort of, I guess.

I read her patent application. In it, MSP showed that a letterpress was a similar device. Stampers used a craft letterpress for a stamp platform long before MSP made her stamp platform. It could be where she got her idea.

The reason that I feel the patent shouldn’t have been granted is that her stamp platform seems to be basically an adapted letterpress. A letterpress is very, very old technology (late 1400’s). Anyone can legally adapt a letterpress, which is why she could create her adapted version and apply for a patent. I felt that the Tim Holtz version was closer to an actual letterpress than like MSP’s platform, but it also had features that were unique (such as the plate that could be removed and turned around for rubber or clear stamps). But even baseless lawsuits can cause such financial damage that the ones being sued choose not to continue. If the husband of MSP is a lawyer, she’s presumably not paying hefty legal fees, while those she sued probably had to pay huge costs to defend themselves. In the end, those costs could easily have turned what had been profitable sales into a loss.

I don’t think that the companies who made other stamp platforms backed down because they couldn’t win. I think they gave up because to keep defending themselves through the court system would cost them more in the long run than they would be able to make selling their stamp platforms.

However, I don’t think that MSP can do anything legally about Chinese knock offs. It was bound to happen eventually. I’m just surprised it took this long, and I’m also sure she isn’t happy about it. 

There's also an exact copy being sold in India that she can't do anything about.  They won't ship to the US but they will ship every where else.

diecutsandmore.com/product/stampoholic/

Hi, I think the original Hinged Stamp Positioner was developed by Mostly Animals for wood mounted stamps.

It was over 30 years ago.  Of course, at that time, there were no clear stamps.  I still have it.  Haven't used it much over the years. 

I think her nearly unlimited resources probably have a lot to do with her husband reportedly being a patent lawyer. I assume he is doing the legal stuff for free, and/or perhaps they write off some or all of the legal costs on their taxes, but she certainly seems lawsuit happy.

My dad was a lawyer. It really bothers me to see her suing all her competition out of the market, especially since the others are as different (or more) from hers as hers is different from a letterpress. Just my opinion.

My Ali Express knock-off arrived. I used it to stamp a couple sentiments yesterday and for that purpose, it seemed superior to my Stamparatus. Both stamped very cleanly on the first try. The feel of stamping with it is also very different. On the other hand, Saturday I made two identical cards with multiple stamps and I wouldn't have wanted to do that without the Stamparatus' four different plate surfaces for stamps. And the comparisons I read when I was shopping for a platform did say it was the best tool for that exact application. I don't think I'll regret spending the $27 including shipping (as long as I can find somewhere to store it -- badly outgrowing my space now!).