FurryP
Drama Llama
To pea or not to pea...
Posts: 7,287
Site Supporter
Jun 26, 2014 19:58:26 GMT
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Post by FurryP on Apr 13, 2017 2:16:42 GMT
No thanks Petunia, I don't want any of your crap. Twenty percent off, or otherwise.
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Deleted
Posts: 0
Nov 26, 2024 9:37:43 GMT
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Post by Deleted on Apr 13, 2017 2:29:58 GMT
While we're waiting for the TH Tonic positioner, keep in mind you can make a DIY version:
The Little B sticky mat is key. Love mine! Holds me over until I can get the TH one.
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Deleted
Posts: 0
Nov 26, 2024 9:37:43 GMT
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Post by Deleted on Apr 13, 2017 6:03:07 GMT
skellinton- Thanks for sharing. I am proud of Tonic. I think it is wonderful and sweet they released a very honest and classy statement. This is why I am Tonic fan. They make great quality products and I like they are transparent. I admit proudly I can be hard on companies. I work hard for everything and I want to get the best value for I what I work for. I know I am not the only one that feels this way.
@zingermack I made that one. I really love mine.
I don't know why my tags are not working. Sorry everyone. I am going to go with it. My eyes are all messed up from allergies.
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Post by gale w on Apr 13, 2017 7:25:59 GMT
From that letter it sounds like MSP didn't necessarily "go after" Tonic but that in light of the patent, they are covering all their bases before releasing it in the US.
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Deleted
Posts: 0
Nov 26, 2024 9:37:43 GMT
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Post by Deleted on Apr 13, 2017 12:57:37 GMT
I'm just gobsmacked because I don't see how the misti is 'unique.' It's an old design adapted for card making. Me too. Her "invention" is just a copy of a letterpress. Does the letterpress not have a patent?
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Post by houston249 on Apr 13, 2017 13:27:41 GMT
I'm just gobsmacked because I don't see how the misti is 'unique.' It's an old design adapted for card making. The unique feature, imho, is she patented the idea. The government only checks to see if there is a conflict with pending/existing patents. They do not check if anyone else thought of the idea first. I read some of her patent. I FULLY admit I am not familiar with patent discriptions, but hers seems so very vague. So vague that anything that holds a stamp will be considered a patent violation.
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kitbop
Pearl Clutcher
Posts: 4,628
Jun 28, 2014 21:14:36 GMT
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Post by kitbop on Apr 13, 2017 13:46:04 GMT
After reading this thread and some of the comments of the MISTI creator, I will NOT be buying a Misti, but will hold out until an alternative is sold or will DIY. I don't think this concept is unique. Look at circle punches. Corner chompers. Trimmers. And the misti is overpriced IMO.
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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.
Posts: 4,063
Jun 26, 2014 19:29:07 GMT
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Post by scrappyesq on Apr 13, 2017 13:55:30 GMT
I wish that all of the people congratulating her on her blog had a look at some of the posts here. I get the whole patenting your work thing, but that doesn't give anyone the right to be nasty and give bad customer service.
I'll wait for the Tim Holtz version. Or I'll never have a platform.
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Post by QueSeraSera on Apr 13, 2017 14:24:52 GMT
The MISTI owner sounds anything but sweet. Sad reality for her but I've read multiple reviews panning her product and her customer service as sub-par. Appears that other companies are making better, higher quality products that everyone is clamoring to buy. The reason - they don't want the MISTI. If it was so great, we would all be clamoring to buy her version. Really how original is the idea? Pretty sure Gutenberg has the original patent. Wonder what Jennifer McGuire will do now. Isn't she friendly with Tim also? I would highly encourage anyone with cracking issues or customer service issues to take photos and screen shots of conversation and post them on Facebook and every forum you can think of. People should be warned about what they can expect with this petunia person.
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scrapnnana
Drama Llama
Posts: 6,451
Jun 29, 2014 18:58:47 GMT
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Post by scrapnnana on Apr 13, 2017 14:30:05 GMT
FWIW, just having a vague description for her patent will not mean that someone else who comes up with a unique way of holding a stamp will be thwarted.
She is right about patents being intended to protect those who design something unique. However, since hers at least appears to be based on a letterpress, I think she is a bit of a hypocrite.
I personally think the Tonic stamp press is different enough that it should be able to be released. Yes, it is a stamp press, but it is somewhat different in how it accomplishes the process.
Think about all of the electronic cutters, and even manual die cutters. I'm sure they all have patents, too, and some are VERY similar. However, you cannot patent what the product does, only how unique the machine or tool is in the way it accomplishes that process.
If there is someone who currently holds a patent on the letterpress, it would not surprise me to see MSP get sued for patent infringement. Just because a patent was awarded does not mean there is nothing out there that is similar. It may just mean that someone at the patent office was a bit lazy and didn't search hard enough. The letterpress predates the MISTI. If the MISTI is different enough from a letterpress to receive a patent, then the Tonic version should also be different enough to get their own and be able to be marketed.
I am not that savvy about patent law, but my late brother did get patents on a few of his inventions, and he told me a little about the process he went through. These are just my observations on the situation based on what I learned from him.
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Deleted
Posts: 0
Nov 26, 2024 9:37:43 GMT
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Post by Deleted on Apr 13, 2017 14:44:40 GMT
I saw the actual lawsuit she filed against Tonic on the 6th of April. Sorry I only have a pdf of the lawsuit (it was sent to me) so I don't have a link to it. I am hoping that Tonic wins...to me it is enough different
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ashwyness
Full Member
Posts: 186
Jul 22, 2014 17:33:23 GMT
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Post by ashwyness on Apr 13, 2017 15:08:48 GMT
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Post by southerndollie on Apr 13, 2017 17:37:46 GMT
So here is an odd question, since her patent is a rectangular shape could they not change the shape and the patent is obsolete?
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marybeth
Shy Member
Posts: 37
Jun 26, 2014 2:45:16 GMT
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Post by marybeth on Apr 13, 2017 18:55:08 GMT
This is going to take more than 4 weeks ... patent litigation can take years. Well, crap. I have a Tim Holtz stamp platform on preorder.
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tsabhira
Full Member
Posts: 250
Jun 26, 2014 3:38:01 GMT
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Post by tsabhira on Apr 13, 2017 19:12:28 GMT
Meh, this is so disappointing. I'd normally be thrilled for a small business owner who prevailed, but her behaviour was horrible and her creation wasn't unique. It feels like patent trolling to me.
I'll keep on waiting for Tim's and use my cardboard-and-acrylic homemade contraption in the meantime. I would never spend money with her.
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Post by anniefb on Apr 13, 2017 21:14:07 GMT
I really hope Tonic challenges the patent.
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Post by riversong1963 on Apr 13, 2017 22:37:16 GMT
Honestly, I didn't think you could get a patent for a tool. If that's the case, then why wasn't there a patent on the first hammer, screwdriver, drill, or any other tool ever invented? I'm not a patent expert, obviously, but that doesn't make sense to me. There are many, many craft tools that have been manufactured by different companies (punches, die-cutting machines, laminators, etc.), so I don't understand how the patent was ever issued.
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JustTricia
Pearl Clutcher
Posts: 2,850
Location: Indianapolis
Jul 2, 2014 17:12:39 GMT
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Post by JustTricia on Apr 13, 2017 23:14:31 GMT
The fact that Tonic doesn't want to "expose our customers to any legal action from MSP in the event that they sell our product" is just ridiculous.
If she is going to go after someone, go after the manufacturer (Tonic), but Tonic is afraid she's going to go after their distributors? That's like suing Best Buy for selling Kindles for patent infringement. No one in their right mind would think that was okay, but Tonic thinks she's enough off kilter to do that? That's insane.
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Post by gale w on Apr 14, 2017 0:22:04 GMT
This is going to take more than 4 weeks ... patent litigation can take years. Well, crap. I have a Tim Holtz stamp platform on preorder. I'm not so sure that there is pending litigation. The letter from Tonic made it sound like they are just covering their bases before release so she has no reason to go after anyone later. She's been known to threaten anyone.
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marybeth
Shy Member
Posts: 37
Jun 26, 2014 2:45:16 GMT
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Post by marybeth on Apr 14, 2017 1:24:54 GMT
This is going to take more than 4 weeks ... patent litigation can take years. Well, crap. I have a Tim Holtz stamp platform on preorder. I'm not so sure that there is pending litigation. The letter from Tonic made it sound like they are just covering their bases before release so she has no reason to go after anyone later. She's been known to threaten anyone. Looks like it was filed April 3, here's the first page. Link to all pages SaveSave
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scrapnnana
Drama Llama
Posts: 6,451
Jun 29, 2014 18:58:47 GMT
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Post by scrapnnana on Apr 14, 2017 3:28:19 GMT
Thanks for the link, marybeth. It was interesting reading, especially the latter part where she is asking that whatever damages are awarded by the jury or court be tripled. Maybe that is standard procedure, but it strikes me as just greedy. Of course, the lawyers will probably get a huge chunk of it.
The claim mentions more than once the rectangular shape of the MISTI and the rectangular shape of the Tonic press. Shapes cannot be patented or copyrighted.
Is it possible that MSP has some grounds? Possibly, especially since Tim Holtz was given a MISTI in November. I had not known that when I posted earlier.
I think this is going to take longer to resolve than 6 to 8 weeks.
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Post by anniefb on Apr 14, 2017 3:39:46 GMT
especially since Tim Holtz was given a MISTI in November That's only 2 months before the platform was announced - wouldn't it have taken longer than that to develop it, get prototypes made etc etc?
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Post by 50offscrapper on Apr 14, 2017 5:14:58 GMT
I hope the Tonic one will become available, otherwise I will do without. I have no plans to buy a Misti.
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scrapnnana
Drama Llama
Posts: 6,451
Jun 29, 2014 18:58:47 GMT
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Post by scrapnnana on Apr 14, 2017 7:11:06 GMT
especially since Tim Holtz was given a MISTI in November That's only 2 months before the platform was announced - wouldn't it have taken longer than that to develop it, get prototypes made etc etc? I wondered the same thing. I really hope that Tonic has a good case and can (and will) defend themselves. Unfortunately, if MSP really has made millions on the MISTI as the paperwork claims, she has enough money to keep a lawsuit going for quite awhile, which could at least delay sales of the Tonic stamp press for a long time.
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Post by Skellinton on Apr 14, 2017 12:30:20 GMT
Thanks for the link, marybeth. It was interesting reading, especially the latter part where she is asking that whatever damages are awarded by the jury or court be tripled. Maybe that is standard procedure, but it strikes me as just greedy. Of course, the lawyers will probably get a huge chunk of it. The claim mentions more than once the rectangular shape of the MISTI and the rectangular shape of the Tonic press. Shapes cannot be patented or copyrighted. Is it possible that MSP has some grounds? Possibly, especially since Tim Holtz was given a MISTI in November. I had not known that when I posted earlier. I think this is going to take longer to resolve than 6 to 8 weeks. There is so much that is weird, the shape thing is really odd and the simple fact is that the tonic is much different then the misti. I wonder if the other companies are going to fight at all? I am glad Tonic is fighting and I hope they keep fighting. I still can't get over the fact that her "original" design is just the letterpress with a recess. Does anyone know if that was patented? If so, why aren't they fighting her?
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Deleted
Posts: 0
Nov 26, 2024 9:37:43 GMT
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Post by Deleted on Apr 14, 2017 13:05:10 GMT
It's worrying to me that she got the patent in the first place - hope there are no shenanigans going on at the Patent Office now that "the dealmaker" is in charge. How in the world is the misti so patentable - it's a press - like the Letterpress. I hope WRMK fights it - but I don't know if you can fight once it's issued. And the comparisons between the scor-pal and the MS scoreboard are apt - tools are often modified and resold by another company. That she thinks she has rights for no one to EVER make another press is silly. Maybe the HA one is too similar, but not the WRMK or Tonic ones. Ugh - I hope she loses any contests w/those companies.
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Post by gale w on Apr 14, 2017 16:40:24 GMT
I'm not so sure that there is pending litigation. The letter from Tonic made it sound like they are just covering their bases before release so she has no reason to go after anyone later. She's been known to threaten anyone. Looks like it was filed April 3, here's the first page. Link to all pages Well darn-I stand corrected. I really really really do not want the MISTI to be the only choice. It reminds me of when Paris Hilton wanted to trademark the phrase "that's hot".
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JustTricia
Pearl Clutcher
Posts: 2,850
Location: Indianapolis
Jul 2, 2014 17:12:39 GMT
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Post by JustTricia on Apr 14, 2017 17:16:01 GMT
Depending on how you define a rectangle, a square is a rectangle, unfortunately. A cursory search refers to four sides with four right angles ESPECIALLY (but none of the definitions I found say exclusively) if the two sets of parallel sides are different lengths. Technically, a square is a rectangle.
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Post by anniefb on Apr 14, 2017 19:59:11 GMT
To me it has the same 'vibe' as the Spellbinders saga over the patent for dies with an aperture - remember Spellbinders going after all the companies that tried to bring out similar dies and in the end their patent was invalidated. It had been obtained on the basis of lots of affidavits saying how unique it was etc and most of those turned out to be questionable to say the least.
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Post by scrappyem on Apr 14, 2017 22:36:55 GMT
After reading this thread and some of the comments of the MISTI creator, I will NOT be buying a Misti, but will hold out until an alternative is sold or will DIY. I don't think this concept is unique. Look at circle punches. Corner chompers. Trimmers. And the misti is overpriced IMO.
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