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Post by chances on Apr 23, 2017 18:39:01 GMT
do you really think Ilyana ( so??) is a millionaire? I have no clue, i have all all three sizes of the Misti.... Still using my original, hand assembled one, cracks and all, with a new one in a drawer waiting for the day it becomes unusable. That said, I did preorder time tool..... Although I think changing the lid is going to be a lot more bothersome than the stamp oaf in the Misti See the the actual suit here: search.rpxcorp.com/litigation_documents/12399889Well, if you read the actual suit you posted, in #10 is states that millions of dollars in sales have been generated. Considering that others have sold what you are correct in saying is essentially the same product for half the price she has sold it for, she probably is a millionaire. I don't think most people think that she didn't have a case. What most people's issue is the fact that she wouldn't replace her defective product, in some cases blamed the customer for the cracks, and the rabid way she's gone after people ~ on this message board, on FB, in letters. She threatened to sue people who made their own. You know, the same way she saw how a letterpress worked and then made her own. I loved the product, but even before there were alternatives to it, wouldn't have given her a dime because of how nasty she was. Millions in sales doesn't mean millions in profits. She still has to pay for production, taxes, overhead. She's certainly still a small business. I agree that her behavior with customers was ridiculous.
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Post by Lexica on Apr 26, 2017 20:09:45 GMT
I haven't put a preorder in anywhere because I am doing my best to hold off until I get moved out of state. I don't want to buy now just to have to pack it up in a moving box.
I definitely want one though. Especially when I do multiples of a design. I am in a group of women where we meet up once a month and we all make cards ahead of time to trade so that you come home with one from each person participating. There is usually 20 to 25 of us making cards, which means designing one then making 24 copies of it. That gets tedius. This stamp positioned will make it go much faster.
I hope to be able to either locate an ongoing group or maybe start one once I get moved and settled in. It's a fun evening and we all save money. Well, I wouldn't be buying a lot of this stuff because I didn't know it existed until I attend the gathering and see it demonstrated, then I NEED it.
I haven't looked at the Misti platform. How similar is the Tim Holtz to the Misti?
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scrapnnana
Drama Llama
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Jun 29, 2014 18:58:47 GMT
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Post by scrapnnana on Apr 27, 2017 0:45:21 GMT
I haven't looked at the Misti platform. How similar is the Tim Holtz to the Misti? Since they are both adaptations of a letterpress, which stampers used for quite awhile as a stamp press, there are some similarities, but there are also very striking differences. In my opinion the Tonic version is a far better design than the MISTI, judging from the videos online that I have seen. You can go to YouTube and look up demo videos of each one and see the differences and the similarities. Or you can read the lengthy threads on the lawsuit about the stamp positioner and find links there.
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coffeegirl
Junior Member
Posts: 98
Oct 27, 2016 3:36:53 GMT
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Post by coffeegirl on Apr 28, 2017 15:18:29 GMT
I feel like the Tonic is a superior design, and will probably be of much better quality than the misti. I pre-ordered from Impress, so I hope it will eventually be available
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Post by midorica on Apr 28, 2017 15:38:26 GMT
I love the design of the TH platform, and I really hope they will release in June now. Does anyone know if it'll be available at Michaels/Joanns etc? I'm on a budget and would be over the moon if I could use a coupon...
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Post by cbet on Apr 28, 2017 15:56:58 GMT
I feel like the Tonic is a superior design, and will probably be of much better quality than the misti. I pre-ordered from Impress, so I hope it will eventually be available I also feel like the Tonic is the best design of all of them out there. Furthermore, I am very confident in the quality of anything Tonic, based on numerous other tools of theirs I own. AND, I know that they stand behind their product if there is a problem. I had a small quality issue with a punch from them, and their customer service is STELLAR. Mine is on preorder from Marco Paper (and I rarely preorder anything; I prefer to wait and see what people say about it when they've been using it for a bit). Really hoping that this settles soon in Tonic's favor. Midorica - most of Tonic's Tim Holtz items do make it to the big box stores, but they sometimes take a while.
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Post by inksatiablestamper on May 3, 2017 0:11:38 GMT
I have been keeping updated with Tonic's Stamp Platform and while Sweet Petunia came out with a stamp positioner no patent was enforced at the time. Crafters started making their own because of the cost and then it became personal instead of business. When things started taking off is when SP needed a patent in order to keep their product unique. If a company can prove their product was in process before the patent pending and or before the patent was granted, bigger companies can "tweak" it and and produce their own and patent it themselves with no problem. NOW that doesn't mean SP can't sue for infringement I just don't know why SP would delay the patent to begin with. What SP should've done is call up Shark Tank and get Kevin Leary in their corner I will be investing in Tim Holtz Stamp Platform just because their products are Stellar and well...one way or another they will market one.
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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 May 4, 2017 23:21:27 GMT
I have been keeping updated with Tonic's Stamp Platform and while Sweet Petunia came out with a stamp positioner no patent was enforced at the time. Crafters started making their own because of the cost and then it became personal instead of business. When things started taking off is when SP needed a patent in order to keep their product unique. If a company can prove their product was in process before the patent pending and or before the patent was granted, bigger companies can "tweak" it and and produce their own and patent it themselves with no problem. NOW that doesn't mean SP can't sue for infringement I just don't know why SP would delay the patent to begin with. What SP should've done is call up Shark Tank and get Kevin Leary in their corner I will be investing in Tim Holtz Stamp Platform just because their products are Stellar and well...one way or another they will market one. I thought it was "patent pending" from pretty much the beginning. That's what she was using to threaten to sue people online with long before the Stampaholic, Hampton Arts, WRMK, and Tonic ones.
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Post by anniefb on May 5, 2017 0:57:50 GMT
I have been keeping updated with Tonic's Stamp Platform and while Sweet Petunia came out with a stamp positioner no patent was enforced at the time. Crafters started making their own because of the cost and then it became personal instead of business. When things started taking off is when SP needed a patent in order to keep their product unique. If a company can prove their product was in process before the patent pending and or before the patent was granted, bigger companies can "tweak" it and and produce their own and patent it themselves with no problem. NOW that doesn't mean SP can't sue for infringement I just don't know why SP would delay the patent to begin with. What SP should've done is call up Shark Tank and get Kevin Leary in their corner I will be investing in Tim Holtz Stamp Platform just because their products are Stellar and well...one way or another they will market one. I thought it was "patent pending" from pretty much the beginning. That's what she was using to threaten to sue people online with long before the Stampaholic, Hampton Arts, WRMK, and Tonic ones. That was my recollection as well.
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Post by inksatiablestamper on May 5, 2017 13:44:35 GMT
I think a lot of people did, but they didn't in the beginning. Which is why I was wondering why it took so long. But I guess we'll see what happens with Tonic..
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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 May 5, 2017 19:10:26 GMT
I think a lot of people did, but they didn't in the beginning. Which is why I was wondering why it took so long. But I guess we'll see what happens with Tonic.. I completely feel that the Tonic is justified in that their idea is different enough AND the MISTI is just a version of the letterpress that already exists. Having said that, a quick Google search shows that she applied for the patent in January 2015. People didn't just "think" there was a patent pending, there was. She had it on the box, I believe, listed on her website, and said it in her social media posts when she threatened legal action(on this board she states 3-2015 that the other products AREN'T patent pending, implying hers is).
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cinnistew
Shy Member
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Apr 18, 2017 23:47:02 GMT
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Post by cinnistew on May 5, 2017 20:09:17 GMT
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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 May 5, 2017 20:22:02 GMT
Thanks for posting that review, cinnistew!
It's so hard to be patient!
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Post by anniefb on May 6, 2017 4:16:44 GMT
So glad I pre-ordered. That looks fantastic - can't wait! SaveSave
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FurryP
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To pea or not to pea...
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Jun 26, 2014 19:58:26 GMT
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Post by FurryP on May 10, 2017 3:24:28 GMT
I'm salivating! Like my dog does when he is anticipating a treat, and I am taking too long!!!!! What a beauty! Can't wait until I get notification of shipping.
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swanlady21
New Member
Posts: 3
Location: Mauritius
May 10, 2017 18:34:15 GMT
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Post by swanlady21 on May 10, 2017 18:43:10 GMT
I don't really understand her charge against Tonic (compared to say the Stampoholic which is a direct copy). Their product is different in so many ways, even though the principals are the same. I mean aren't there so many car manufacturers out there? Or die cut machines? Or washing machines? etc...etc. She may have patented the idea - but it was out there way before. I've seen youtube videos from France of "husbands" building their stamping wives a hinge stamping tool. The only thing she did, was to add the magnetic idea (which is great). People will continue to improve on ideas of others - that is human nature and why we can advance.
I just hope there will not be any more delays ... I've been waiting since the release in January!
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emmalicious
One Post Wonder
Posts: 1
May 11, 2017 3:42:30 GMT
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Post by emmalicious on May 11, 2017 3:55:57 GMT
I don't want to take any sides, but if you google "Tonic Studios stamp platform patent infringement" you will find the case against Tonic Studios. MSP made custom MISTI for him! Since the law suit, he removed the picture and the statement that he loves the MISTI from his blog post from November 2016. Let's not squish the little people and their great inventions. Because of the big people they need to file for patents, to protect their intellectual property and I have seen this happen so many times. search.rpxcorp.com/litigation_documents/12399889
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Post by sleepingbooty on May 11, 2017 4:49:21 GMT
Oh look, a One Post Wonder accidentally stumbles right here in here, decides it's time to make an account to pull the Big Bad Guys vs Small Good Guys card. We are aware of all the information you felt so compelled to share from the bottom of your generous and altruistic heart. We have posted the litigation documents on this board already in several of the big discussions about the platform, C&D letters and lawsuits. And discussed them at length. The conclusion still stands: she did not invent anything. She took an old idea which had already been brought back to life by modern-day stampers albeit in a more DIY format. She's going after everyone and anyone who dares to sell a freakin' stamp press no matter how different the design is. Even the people who dare to post about the stamp press they've made at home using their own drill and skills. Hold on, paging Gutenberg. "Hallo Johannes?" And yes I'm snarky. I just got out of a presidential election with all these populists pretending they're small people like us to win over votes and sending out laments on social media through alleged little folks like us. I don't need another boohoo-poor-Ilyana campaign to deal with in my hobby too. She's made money, she has retained the throne for far longer than should've been permitted by sending out C&D letters to manufacturers and retailers, it's time to move on now and to adapt to a shifting marke where there is competition. And where you can't get away with defective product because you hold the monopole and people ought to just pay for another overpriced model of your nowadays-made-in-China who-knows-when-this-one-will-crack directly-based-on-a-veeery-old-invention product. Because that's what I call "squishing the little people." Had she played her cards better with good customer service, good materials and not threatening to sue everyone one who dared to manufacture or home DIY a platform, she'd have retained a lot of customers out of pure loyalty despite the very high price tag. Not the case, not crocodile tears I'm going to worry about. *steps off soapbox* Sorry for the grumpy rant, Peas!
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Deleted
Posts: 0
Nov 26, 2024 3:51:28 GMT
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Post by Deleted on May 11, 2017 5:03:00 GMT
Oh look, a One Post Wonder accidentally stumbles right here in here, decides it's time to make an account to pull the Big Bad Guys vs Small Good Guys card. We are aware of all the information you felt so compelled to share from the bottom of your generous and altruistic heart. We have posted the litigation documents on this board already in several of the big discussions about the platform, C&D letters and lawsuits. And discussed them at length. The conclusion still stands: she did not invent anything. She took an old idea which had already been brought back to life by modern-day stampers albeit in a more DIY format. She's going after everyone and anyone who dares to sell a freakin' stamp press no matter how different the design is. Even the people who dare to post about the stamp press they've made at home using their own drill and skills. Hold on, paging Gutenberg. "Hallo Johannes?" And yes I'm snarky. I just got out of a presidential election with all these populists pretending they're small people like us to win over votes and sending out laments on social media through alleged little folks like us. I don't need another boohoo-poor-Ilyana campaign to deal with in my hobby too. She's made money, she has retained the throne for far longer than should've been permitted by sending out C&D letters to manufacturers and retailers, it's time to move on now and to adapt to a shifting marke where there is competition. And where you can't get away with defective product because you hold the monopole and people ought to just pay for another overpriced model of your nowadays-made-in-China who-knows-when-this-one-will-crack directly-based-on-a-veeery-old-invention product. Because that's what I call "squishing the little people." Had she played her cards better with good customer service, good materials and not threatening to sue everyone one who dared to manufacture or home DIY a platform, she'd have retained a lot of customers out of pure loyalty despite the very high price tag. Not the case, not crocodile tears I'm going to worry about. *steps off soapbox* Sorry for the grumpy rant, Peas! Stay on the soapbox, please. You're doing just fine!!
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Deleted
Posts: 0
Nov 26, 2024 3:51:28 GMT
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Post by Deleted on May 11, 2017 7:08:48 GMT
sleepingbooty Keep going on your soapbox. I was thinking of you & my other friends in France during your election day. To add I don't think MISTI is a small company any more since she is bragging about millions in sales. That puts her equal with Tonic. The last time I checked Tonic isn't that huge either.
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Post by cbet on May 11, 2017 11:56:42 GMT
Furthermore, not all "little guys" are the good guys. It appears to me that the Misti maker made hay while the sun shined, and charged a pretty high price for a device with no warranty and poor customer service. Now another company with an established record of excellent customer service has released what appears to be a better device and she's calling foul.
With as many differences as there are between the old platform and the Tonic platform, there's no way that Tonic looked at the platform she sent Tim Holtz and decided to make one of their own. It takes longer than a couple of months for that and the Tonic platform was already shown at CHA early this year.
And miss misti should talk. Her great"new invention" this year, those corners, are a total copy of some of the templates that users were making on their own from quilting template plastic. The only difference is that she made hers fom acrylic and added magnets.
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oaksong
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Post by oaksong on May 11, 2017 12:23:31 GMT
Sure, emmalicious, One Post Wonder, you don't want to take sides, but you created an identity to do just that. If you were really paying attention, you would know that the MISTI was a gift to Tim Holtz, custom made at the request of some other crafters. And is it any surprised he retracted his mention of MISTI once they sued him? This is the wrong place to bring your uninformed opinion, as this is where the attacks from "the little people" began. My opinion of "the little people" who "made millions" from a not-very-novel invention isn't swayed.
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Post by caspad on May 11, 2017 13:55:03 GMT
I wouldn't be surprised if she knew Tim Holtz and Tonic were developing a better stamping platform and that's why she sent him one in November 2016. Then she can say 'of course he copied me, he had one in his hands'.
I don't think the MISTI would have had the market share it does if she didn't gift all the stamping celebs with one. She should be thanking them for her free marketing that led to "millions of dollars in sales"
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oaksong
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Post by oaksong on May 11, 2017 14:54:19 GMT
She should be thanking them for her free marketing that led to "millions of dollars in sales" ITA, including Tim Holtz!
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bigelow
Shy Member
Posts: 31
Apr 25, 2017 14:31:05 GMT
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Post by bigelow on May 11, 2017 14:58:58 GMT
I can't see that Tim Holtz has ever really invented anything, he has only taken something that was already out there, put his big name on it, and marketed it well with a large financial backer behind him.
All those things that they put out are just regurgitations (Tim calls them innovations) of the same products that are already there.
Gelatos - Distress Crayons Nick Bantock Inks - Distress Ink Chalk Ink - Oxide Ink Misti - Stamp Platform Glitter - Distress Glitter
see a pattern?
It's not Tim that has a patent. Tim did not invent anything.
You may not think Ilyana deserved a patent for something that you think was already invented, but the US Patent office saw it differently.
But you are all the experts on patent law it seems.
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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 May 11, 2017 16:28:55 GMT
Furthermore, not all "little guys" are the good guys. It appears to me that the Misti maker made hay while the sun shined, and charged a pretty high price for a device with no warranty and poor customer service. Now another company with an established record of excellent customer service has released what appears to be a better device and she's calling foul. With as many differences as there are between the old platform and the Tonic platform, there's no way that Tonic looked at the platform she sent Tim Holtz and decided to make one of their own. It takes longer than a couple of months for that and the Tonic platform was already shown at CHA early this year. And miss misti should talk. Her great"new invention" this year, those corners, are a total copy of some of the templates that users were making on their own from quilting template plastic. The only difference is that she made hers fom acrylic and added magnets. This is how a lot of crafters see it. At this point, I suspect that whoever did the paperwork at the patent office was less than thorough when they granted the patent to MSP. The courts and lawyers will now be the ones to decide whether or not Tonic can go forward. It sounds as though the Tonic design was altered even more to distinguish it from the MSP version. If MSP could get a patent while referencing the stamp press as a similar tool, I suspect that Tonic will be able to win the lawsuit. Patent lawyers know what will probably succeed and what won't. Considering that Accu-cut was the first to come out with a roller die-cutter, which has since been copied, I think a lot has to do with details that we may not be able to see, details that are just different enough for another company to make something similar. There have been lawsuits before in the crafting world, and the end result has been that many of the copycats were able to continue making and selling their very similar product. The delays due to the lawsuits tend to make crafters rather grumpy, though, which will probably not help MSP's sales. I think she has essentially shot herself in the foot. The lawsuits will probably hurt her sales more than help her in the long run. I'm certainly not willing to buy from her, because of all the unhappy reviews regarding her poor customer service. I may not like having to wait for the outcome of the lawsuit, but I'm willing to wait for what I feel is a superior product from a company with a track record of better customer service.
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Post by paperaddict on May 11, 2017 16:37:35 GMT
I do think Tim Holtz DOES invent things...sorry but the Oxides are not the same as the chalk inks. Distress crayons do have different properties than gelatos...i have both. Also Tim Holtz was the first person to come out with dies for stamp sets and first to come out with cube ink pads. Coordinating dies and cube ink pads are everywhere now because of him. The tonic platform is well thought out and I cannot wait to get one. I HATE the Misti because of the owner and her poor customer service and I do not care that she got a patent for it. Monopoly for a poor product is not good for consumers.
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Post by cbet on May 11, 2017 16:40:36 GMT
I can't see that Tim Holtz has ever really invented anything, he has only taken something that was already out there, put his big name on it, and marketed it well with a large financial backer behind him. All those things that they put out are just regurgitations (Tim calls them innovations) of the same products that are already there. Gelatos - Distress Crayons Nick Bantock Inks - Distress Ink Chalk Ink - Oxide Ink Misti - Stamp Platform Glitter - Distress Glitter see a pattern? It's not Tim that has a patent. Tim did not invent anything. You may not think Ilyana deserved a patent for something that you think was already invented, but the US Patent office saw it differently. But you are all the experts on patent law it seems. Not an expert in patent law, but the patent infringement lawsuit that Spellbinders filed against Quickutz/Lifestyle crafts back in the day is proof that patents are sometimes issued when they shouldn't be. (Spellbinders lost their lawsuit and their patent, I believe.) And I'm not a Tim fangirl, but I don't care that he doesn't invent things. I don't buy anything just because it has his (or anyone else's) name on it. But when he releases his versions, they are usually an improvement over the original. I ~~think~~ that distress inks were around before the Nick Bantock inks, just not in all the colors, but since both are made by Ranger, it's not surprising that they would have some under one name and some under the other, much like the Dylusions stuff. Scissors are an old tool and not patentable, but Tim's Tonic scissors with the red handles? I have them in all 3 sizes and if anyone tries to take them away, I will not be responsible for my actions. Way better for crafting than any other scissors I own, and I confess to owning a number of them I have all the colors of the oxide ink and frankly they are nothing like chalk ink, other than the kind of chalky finish they develop if you set them with water. They don't behave the same way at all. By your reasoning, as soon as Thomas Edison patented his gramophone, no one should have been able to improve on the design.
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bigelow
Shy Member
Posts: 31
Apr 25, 2017 14:31:05 GMT
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Post by bigelow on May 11, 2017 17:20:28 GMT
Also Tim Holtz was the first person to come out with dies for stamp sets and first to come out with cube ink pads. Tim Holtz did not come out with cube ink pads first. Stampin Up had them way back before TH was a household name. And design of the current Distress pad is the exact same as the Nick Bantock inks that were first developed, (again, before Tim's time, and I owned those inks) That ink pad design was very similar to the Marvy Matchable inks.
I'm not a Tim Fanguy either and I do have many of his products, but I do not believe he is an inventor. I think he does find new and unique ways to use products that have been around.
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bigelow
Shy Member
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Apr 25, 2017 14:31:05 GMT
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Post by bigelow on May 11, 2017 17:25:42 GMT
By your reasoning, as soon as Thomas Edison patented his gramophone, no one should have been able to improve on the design.
No, I'm not saying this at all. I think the ethical thing to do would be for Tonic to have licensed her "technology" and improved the design.
I've read how she challenged people making their own, and I agree it was not the most business savvy decision she made.
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