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Post by QueSeraSera on Jun 6, 2017 1:25:46 GMT
My bitter petunia has threatened legal actions and whipped her rapid fans into a feeding frenzy so often that she's getting horrid PR from everyone but her most rapid fans. I hope Tonic prevails against this "sweet" woman. I think the threats have been enough up until now but Tonic finally called her bluff. My prediction is that her hubris and her rapid fans will be her final undoing. I hope she loses the patent she should never have received in the first place in my opinion. She did not "invent" the MISTI. She copied and modified another existing tool. Smack my head each time I see a rapid fan claim she is protecting her "invention". UGH.
In case she starts trying to sue message board posters next - everything I post is solely My Opinion.
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oaksong
Drama Llama
Posts: 6,167
Location: LA Suburbia
Site Supporter
Jun 27, 2014 6:24:29 GMT
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Post by oaksong on Jun 6, 2017 2:20:39 GMT
My bitter petunia has threatened legal actions and whipped her rapid fans into a feeding frenzy so often that she's getting horrid PR from everyone but her most rapid fans. I hope Tonic prevails against this "sweet" woman. I think the threats have been enough up until now but Tonic finally called her bluff. My prediction is that her hubris and her rapid fans will be her final undoing. I hope she loses the patent she should never have received in the first place in my opinion. She did not "invent" the MISTI. She copied and modified another existing tool. Smack my head each time I see a rapid fan claim she is protecting her "invention". UGH. In case she starts trying to sue message board posters next - everything I post is solely My Opinion. Ha ha, same here -- my non-legal opinion only! I started to make a comment on something, and thought twice about it, after knowing that she is using blogger's comments to bolster her case. I didn't want to add to her ammo.
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Post by gmcwife1 on Jun 6, 2017 20:40:03 GMT
I couldn't take it any more, and just bought one from the UK on eBay. $58 including international shipping. Our international Peas do it all the time, so it's only right that we have to do it every now and then. I do not want one without the magnets. I hope eBay doesn't get a cease and desist order! I've been wondering about ordering the UK version. I'm so over MSP
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Post by ladytrisha on Jun 6, 2017 22:31:40 GMT
Thanks to this enabling and most enlightening thread, I texted my cousin in the UK and asked if she could order the UK Tim stamp press for me. We're meeting in August in Arizona so she's going to bring it with her! I don't even stamp that much as I'm totally inept, but now I have a little hope that I can do better - and after reading some posts on a stamping FB thread about lack of quality of the Misti thing, I'm a very happy girl today (plus it's my 2nd day of WW and it took my mind off that fact!)
Thanks all!
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Post by freeatlast on Jun 6, 2017 22:37:48 GMT
I couldn't take it any more, and just bought one from the UK on eBay. $58 including international shipping. Our international Peas do it all the time, so it's only right that we have to do it every now and then. I do not want one without the magnets. I hope eBay doesn't get a cease and desist order! I've been wondering about ordering the UK version. I'm so over MSP Over the weekend I bit the bullet and ordered one from the UK via eBay. It's scheduled to be here next week. I also have one on pre-order from oozak.com. When I have my 2 new TH platforms, I may take a hammer to my 2 cracked Mistis.
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Post by kiwifarmer on Jun 6, 2017 22:56:53 GMT
Thankfully New Zealand is not caught up in this patent saga....and my "tim too"l arrived about ten days ago. It appears they have all but sold out, and a new shipment is due end of August here again.
Don't want to brag....but its pretty cool. Much sturdier than the misti I feel.
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Post by scrapaddict702 on Jun 6, 2017 23:04:27 GMT
Thankfully New Zealand is not caught up in this patent saga....and my "tim too"l arrived about ten days ago. It appears they have all but sold out, and a new shipment is due end of August here again. Don't want to brag....but its pretty cool. Much sturdier than the misti I feel. Naturally...if they break, people will have to spend millions more on replacements. Poor quality is the way of the world these days...no sense in selling someone something that they don't have to keep replacing because it will put you out of business OR force you to be innovative (beyond making difference sizes of the same thing) and who wants to be bothered with that? Plus...it's pink, so ew. I can't wait to get Tim's...I am happy to be using my stamps, but every time I have to grab my Misti, I feel a pit in my stomach.
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oaksong
Drama Llama
Posts: 6,167
Location: LA Suburbia
Site Supporter
Jun 27, 2014 6:24:29 GMT
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Post by oaksong on Jun 6, 2017 23:26:30 GMT
I couldn't take it any more, and just bought one from the UK on eBay. $58 including international shipping. Our international Peas do it all the time, so it's only right that we have to do it every now and then. I do not want one without the magnets. I hope eBay doesn't get a cease and desist order! I've been wondering about ordering the UK version. I'm so over MSP I've been on vacation, and just picked it up from the post office! I'm so excited! It was packed really well, and seems really sturdy compared to the WRMK that I've been using. Plus magnets -- no more painters tape! I'll update with pictures when I get a chance. My SSS June kit also came, so I can't wait to use it on that.
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Post by anniefb on Jun 6, 2017 23:34:26 GMT
Thankfully New Zealand is not caught up in this patent saga....and my "tim too"l arrived about ten days ago. It appears they have all but sold out, and a new shipment is due end of August here again. Don't want to brag....but its pretty cool. Much sturdier than the misti I feel. Yep it is wonderfully sturdy. Very impressed with it so far.
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Post by anniefb on Jun 6, 2017 23:35:02 GMT
I've been wondering about ordering the UK version. I'm so over MSP I've been on vacation, and just picked it up from the post office! I'm so excited! It was packed really well, and seems really sturdy compared to the WRMK that I've been using. Plus magnets -- no more painters tape! I'll update with pictures when I get a chance. My SSS June kit also came, so I can't wait to use it on that. Yay oaksong - I'm really enjoying mine as well.
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Post by gmcwife1 on Jun 7, 2017 1:03:11 GMT
I've been wondering about ordering the UK version. I'm so over MSP I've been on vacation, and just picked it up from the post office! I'm so excited! It was packed really well, and seems really sturdy compared to the WRMK that I've been using. Plus magnets -- no more painters tape! I'll update with pictures when I get a chance. My SSS June kit also came, so I can't wait to use it on that. What a great welcome home!! Have fun playing with your goodies
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Post by joblackford on Jun 7, 2017 1:38:45 GMT
Ugh, I just gave in a bought one from the UK on ebay. So much money... But I have no patience. I needed one of these things weeks ago, and I'm not gambling on maybe sometime being able to get one sometime eventually. Mine will be here June 23rd-ish.
I blame you all.
I'm going to be pissed if they suddenly become available at the end of the month (although I'll also be happy for everyone who is waiting for one).
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Post by scrapaddict702 on Jun 7, 2017 1:53:38 GMT
Ugh, I just gave in a bought one from the UK on ebay. So much money... But I have no patience. I needed one of these things weeks ago, and I'm not gambling on maybe sometime being able to get one sometime eventually. Mine will be here June 23rd-ish. I blame you all. I'm going to be pissed if they suddenly become available at the end of the month (although I'll also be happy for everyone who is waiting for one). It appears priority isn't the only option with ACOT any longer, so there is a $9 and some change shipping option, making it a few dollars less than it had been. I'm tempted to risk the $22 (using the PREORDER promo and cherry points) to order it. I'll just be mad if it cancels because I have to order a second item in order to hit $40 and use $20 in cherry points...if they do cancel it and ship me one piece of paper, I'll be sooooo mad! I collect them while watching youtube and have been well behaved in my spending. I have almost 42,000 points to spend. Thankfully, with the fall goodies starting to hit pre-order, they won't all be burning a hole in my pocket for too much longer.
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Post by midorica on Jun 7, 2017 3:24:54 GMT
Thanks to this enabling and most enlightening thread, I texted my cousin in the UK and asked if she could order the UK Tim stamp press for me. We're meeting in August in Arizona so she's going to bring it with her! I don't even stamp that much as I'm totally inept, but now I have a little hope that I can do better - and after reading some posts on a stamping FB thread about lack of quality of the Misti thing, I'm a very happy girl today (plus it's my 2nd day of WW and it took my mind off that fact!) Thanks all! I'm thinking about asking my cousin in the UK to order for me too... any recommendations for the best site to order off of? I will have to send her the exact link...
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Post by ScrapsontheRocks on Jun 7, 2017 5:16:16 GMT
Just a little conspiracy theory nonsense, USA peas who are ordering from the UK etc: brace yourselves for a whole string of "ifs..." Which may not be relevant anyway because word on the other thread was that the lawsuit has been settled...
IF there is no settlement and IF my sweet whotsit has a patent in the USA and IF the Tonic/TH tool infringes that patent (the original one which was held back from distribution then shipped to other countries) .... IF my sweet whotsit is as nasty as she is rumored to be and as determined, too, IF she has money to spend on more lawsuits and IF she can get information from distributors or retailers she may accuse you, the stamping clients and purchasers of infringing her patent by importing and using the offending press in the USA. Whew.
This is far fetched and unlikely, but from my reading on the topic there are some cases where this tactic has been used, and the remedy granted. My sweet will not be seeking a little bit of damages from each of you but rather using each of your purchasing decisions to continue to go after Tonic/TH.
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Post by anniefb on Jun 7, 2017 7:11:30 GMT
ScrapsontheRocks interesting idea - who knows what MSP might do if pushed, but bringing proceedings against dozens/hundreds of individuals could involve drafting countless individual claims and paying filing fees in goodness knows how many states - has to be at least a few thousand per claim even if one set of proceedings is used as a template. I believe that in utility patent cases, it's necessary for the patent holder to prove 'causation' in order to be successful i.e. that person X's importation/use caused the patent holder loss and damages are limited to lost profits caused by the infringement. Threatening is one thing but actually taking legal action to enforce a patent for non-commercial use would seem like a potential PR disaster and a complete waste of time/money.
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Post by ScrapsontheRocks on Jun 7, 2017 7:39:01 GMT
ScrapsontheRocks interesting idea - who knows what MSP might do if pushed, but bringing proceedings against dozens/hundreds of individuals could involve drafting countless individual claims and paying filing fees in goodness knows how many states - has to be at least a few thousand per claim even if one set of proceedings is used as a template. I believe that in utility patent cases, it's necessary for the patent holder to prove 'causation' in order to be successful i.e. that person X's importation/use caused the patent holder loss and damages are limited to lost profits caused by the infringement. Threatening is one thing but actually taking legal action to enforce a patent for non-commercial use would seem like a potential PR disaster and a complete waste of time/money. Agreed and spot on, you are quite correct about the costs of lots of little suits! The idea some of my reading brought up in my brain (I had a similar situation in a different case, different country but somewhat similar regs) was that should MSP, by hook, crook or by spending some money on lawyers, be able to get a list of presses distributed/ exported back to the US or should she use, for eg, some of the posts on here and on other boards, Fakebook, You tube videos and so on as examples of the "conduct" which some US case law says infringes her patent, then she can use this evidence not against individuals but to claim (causation?) a lump sum from Tonic/TH as the manu- alleging bad faith; they sent them overseas, where there is no patent, they should not have sold them to you in NZ etc etc... and risking them making their way back into the States. As for the PR disaster, I think that ship has sailed long ago!
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Post by ladytrisha on Jun 7, 2017 15:03:03 GMT
Thanks to this enabling and most enlightening thread, I texted my cousin in the UK and asked if she could order the UK Tim stamp press for me. We're meeting in August in Arizona so she's going to bring it with her! I don't even stamp that much as I'm totally inept, but now I have a little hope that I can do better - and after reading some posts on a stamping FB thread about lack of quality of the Misti thing, I'm a very happy girl today (plus it's my 2nd day of WW and it took my mind off that fact!) Thanks all! I'm thinking about asking my cousin in the UK to order for me too... any recommendations for the best site to order off of? I will have to send her the exact link... Amazon.uk !! She gets free shipping and the warehouse distribution center is close to her new home! There was a link mentioned either on this thread or another one and it was available. So I just sent it to her and asked if she'd order for me. Next is the box of Cadbury flake bars As for petunia pickle bottom coming after anyone ordering them from overseas - good luck with that plan! She needs to rethink her attitude in trying to stop a guy making something in his garage and then coming unhinged because he posted a photo of it. THAT attitude is what turned me off her.
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Post by scrapaddict702 on Jun 7, 2017 15:12:58 GMT
ScrapsontheRocks interesting idea - who knows what MSP might do if pushed, but bringing proceedings against dozens/hundreds of individuals could involve drafting countless individual claims and paying filing fees in goodness knows how many states - has to be at least a few thousand per claim even if one set of proceedings is used as a template. I believe that in utility patent cases, it's necessary for the patent holder to prove 'causation' in order to be successful i.e. that person X's importation/use caused the patent holder loss and damages are limited to lost profits caused by the infringement. Threatening is one thing but actually taking legal action to enforce a patent for non-commercial use would seem like a potential PR disaster and a complete waste of time/money. In those instances, I'm fairly certain she'd be looking for default judgments because most people wouldn't be able to travel or obtain an attorney...that's why her scare tactics work. She has deeper pockets and can draw it out, not based on law, but based on cost for the person she is threatening. This is likely why Don never received anything more than a legal letter. It's been working. She's a terrible excuse for a small business person. All we hear about is how bad small business has it...here we are, the every day scrapbook supply consumer, wanting to support small businesses in the industry to prevent further shrink and she just makes us disgusted. I get protecting your idea and your business, but this wasn't her idea, it was something she made using other people ingenuity in modifying other products. She's gone from a parent protecting her child to the one who stealthily follows her child on dates, does background checks without telling anyone, stalks their dates on facebook, etc. Essentially, she's gone from reasonable behavior to batshit crazy. Even if she were to win against Tonic, I won't ever buy another MISTI. I'd rather spend 3x as much on supplies (you know, for mistakes and such, hahaha) and countless hours of my own time figuring out a way to make my own than give that greedy witch another cent of my money. These opinions are solely my own, however. Bahahaha.
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Post by wallyagain on Jun 7, 2017 15:31:12 GMT
A Canadian supplier told us she couldn't get the TH platform because of our proximity to the US and the potential for getting them in the US from her (she ships to the US).
I would normally stick up for the little guy, but not in this case. She is a piece of work and I would never buy her product.
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Post by moraie on Jun 7, 2017 18:32:01 GMT
So...do we know where we're at on the Tonic actually shipping, or did I miss it in the previous posts? My estimated ship date on the US Tonic is the same when I look at my pre-order, and I haven't gotten any updates/email notifications otherwise. Reading this makes me wonder if the dates going to move again, though.
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Post by baylorgrad on Jun 7, 2017 19:19:01 GMT
I just ordered one from eBay UK. I had looked at Amazon, but none of the UK sellers I saw would ship the platform to the U.S.
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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 Jun 7, 2017 21:35:18 GMT
I just saw this on Tonic's FB page:
Stamp Platform Update:
June 7, 2017
Tonic would like to give you an update on the situation regarding the new Model 1707e Tim Holtz Stamping Platform. Since the last announcement, we the team at Tonic have been working very hard to minimize the delay and impact this has had on the supply of the product whilst ensuring we can release a product that we can continue to supply in the USA. We would like to take this opportunity to apologize again for the delay and ask for your continued support and patience while we try to get the products into stock and shipped out to you all.
We have been working to modify the product for the release to ensure we do not infringe any existing patents. We hope you will agree when you see the revised Model 1707e that the changes we have made to the design do not detract from the look or function of the product and most people will not notice any difference from the original. Even though we maintain our previous product (which we did not distribute) did not infringe the granted patent of My Sweet Petunia (MSP), these differences have been made to provide further clarity in the situation so we can provide our retail partners clear guidance on the sale of the product.
As we move to catch up with the demand for the product we will be releasing the incoming shipments on a first come first served basis based with our retail partners on when we received the orders. We will be confirming the expected delivery date to each of our retailers within the next 7 days. The first shipments we expect to be dispatched on the week of 09 July with the second delivery to be on the week of 16 July. We are working to improve this wherever possible; however, we want to provide a clear and realistic route to completion. We also want to be realistic that the product will be entering the country during the holiday period which may involve additional small delays. These dates are when we will receive product into our warehouse in California so there may be a few more days to get the product to the partners and then onto the consumers.
We would like to thank all our retailers and their consumers for their ongoing support for Tonic Studios USA Inc. and the support from the team at Tim Holtz LLC. We will make a further announcement if the situation changes; however at this time we will be dealing directly with the retailers so they can pass on the relevant delivery information to their consumers.
If you are an end consumer and have specific questions on delivery, please contact your retailer while we send out updates. Please allow a few days before doing so while we filter the information to them.
If you have any questions for Tonic Studios directly please contact directly on customerservice@tonic-studios.com
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Post by sleepingbooty on Jun 7, 2017 21:45:35 GMT
JustTricia Thanks for sharing! And that, ladies and gentlemen, is how you write a statement. I love it when a company I support manages to do good PR. They address the situation, give enough clear details with dates, are honest regarding the reality of meeting the deadlines they're setting for themselves, apologise for the delay with no deflection or list of excuses and express straightforward gratitude towards the retailers and customers without going overboard on the feelings. Tonic Studios, you are living up to your reputation.
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Post by anniefb on Jun 7, 2017 22:05:13 GMT
Good to hear JustTricia. Here's hoping they can release the revised platform even earlier than anticipated.
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Post by scrapaddict702 on Jun 7, 2017 22:33:54 GMT
I think the update is great, but I'm hoping like hell the shipments are record breakingly huge because that's another 3+ week delay. I'm so impatient!!
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Post by joblackford on Jun 8, 2017 1:17:36 GMT
Oh well. I guess I'll get my platform from the UK a few weeks before the revised version ships to US retailers, and since I didn't pre-order I probably wouldn't have been able to get one from the first shipment anyway. Meanwhile it's all I can do not to leave nasty comments on every video where a crafter uses the msp tool.
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Post by moraie on Jun 8, 2017 2:00:19 GMT
JustTriciaThank you for the update. I didn't even think to look at their FB. I gave up and ordered a UK one about a week ago that should be here early next week. I kept my pre-order because I figured I'll just leave one on rubber and one on clear. I'm kind of extra glad I did now!
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Post by scrapaddict702 on Jun 8, 2017 2:12:21 GMT
With this update, do you think that they are trying to less go toe to toe (and instead just ask for the case to be dismissed) or that they will release and still fight her in court?
I'm really wanting to pre-order at ACOT but don't want to spend money and have it tied up on something so uncertain when I could pre-order some Autumnal goodies that are calling me that I KNOW I will eventually receive!
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inkedup
Pearl Clutcher
Posts: 4,837
Jun 26, 2014 5:00:26 GMT
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Post by inkedup on Jun 8, 2017 3:06:28 GMT
Since MSP is such a litigious person, this is my opinion only: There is so much irony in having a bible verse on your product and being such an awful, greedy person. What would Jesus do? Sue the pants off of everybody, I guess I hope her bad reputation precedes her, and I hope the competition crushes her. In my opinion.
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