Tuesday, July 7, 2009

How the words "Thread" and "Bear" became ILLEGAL

I wanted to lay out my opinion about the thread bear issue and what I saw happen....

1. According to their own testimony, Sue Aucoin and Emma Peterson were the first to sell bears crocheted out of thread on ebay.

2. According to their own testimony they called them thread bears, deliberately omitting the word crochet from their auctions.

3. From the time I first saw the thread bear auctions until 2004 they always called them, described them, as thread bears.

4. They, by their own testimony, set this example. AFTER it had already become the generic term for crocheted jointed bears being sold on ebay and online, they acquired the trademarked name of Thread Bears from another company. And while the other company did make large stuffed cloth bears they bore little resemblance to the miniatures that were being sold by Sue and Emma under the trademarked name of "Thready Bears our Little Knotheads".

5. In the trademark papers is an affidavidt in which they swore that they had used the term "Thread Bears" exclusively as a trademark for five years. This, in my opinion and according to everything I witnessed, is false. Until AFTER they acquired the trademark "Thread Bears" from "Our Little Secrets ltd", they never used the term "Thread Bears" as a trademark.

In my opinion, they set the example of using thread bears to other members of ebay. I also believe it comes naturally to new artists. Many people who join my threadanimals group mention thread bears in their application. No one, to my knowledge has a way to influence new members on what to call their bears. In my opinion they call them thread bears because they are bears made out of thread. For the same reason the group is called threadanimals because we make all kinds of bears out of thread. The group was created in 2001

.And while they (the artists formerly known as
"Thready Bears, our Little Knotheads) would like to blame those artists who are their competition...they, of their own testimony, were the FIRST to use the term, and therefore set the example.

In my opinion, they scattered the seeds that continue to sprout up against their wishes to squash them.

The irony is, so many artists began using the words "thread crochet bears" in an effort avoid having their auctions cancelled, many more people (seeking crochet project ideas) found the artform. They sought out information on how to make these little works of art, and have increased the competition field.

For further, more comprehensive information, please visit the threadanimals blog http://threadanimals.blogspot.com/2009/04/time-line-1980s-2000-matt-walsh-new.html

OR do search for "Thread Bears" on the uspto.gov site.


-Debbie Nicholas

(I ALONE am responsible for the contents of this page)

Note: I am FREE to use the phrase 'thread bear(s)' under the 'Principle of Fair Use Doctrine' in accordance with the USPTO, "fair use" exception. In this case, I am both using the phrase for purposes of research & education.