On OFFICIAL lawyers opinion on this issue.
Wednesday, November 20, 2013
Sunday, November 3, 2013
They have been pushing for a lawyers opinion on this, so here is one. http://www.avvo.com/legal-answers/what-does-it-mean-to-disclaim-a-word-in-a-trademar-359289.html
" A disclaimer means no rights are claimed to the word disclaimed except in the way the applicant uses it." (emphasis added)
If they continue to police this they will end up in court. The have won their trademarks but they have LOST the term. And they need to just focus on making their bears and leave everyone else alone.
" A disclaimer means no rights are claimed to the word disclaimed except in the way the applicant uses it." (emphasis added)
If they continue to police this they will end up in court. The have won their trademarks but they have LOST the term. And they need to just focus on making their bears and leave everyone else alone.
Monday, October 28, 2013
They asked Berta to get a lawyer, and then stated they couldn't believe anything a lawyer was "paid" to say. If that is true than I can disregard the letters I received from their lawyer as well. They continue to post things that make themselves look worse than I could so I will just let them drown in their own venom.
As there have been comments from all corners and different legal advice on the use of thread bear as a description for a thread bear, I will continue to use my own best judgment in it's use and file counter notices when needed for false charges of infringement.
1. thread bear is a legal description of bears made out of thread
2. The attempt to trademark the term was directly related to an attempt to eliminate competition.
3. the trademarked term "Thread Bears" may not be used to identify my business.
4. the term thread bear can be used as a description and has always been legal, more so now as it has been disclaimed as generic. No lawyer has disagreed with this. I cannot call my business Thread Bears but I can certainly use an accurate description if needed.
IMHO
As there have been comments from all corners and different legal advice on the use of thread bear as a description for a thread bear, I will continue to use my own best judgment in it's use and file counter notices when needed for false charges of infringement.
1. thread bear is a legal description of bears made out of thread
2. The attempt to trademark the term was directly related to an attempt to eliminate competition.
3. the trademarked term "Thread Bears" may not be used to identify my business.
4. the term thread bear can be used as a description and has always been legal, more so now as it has been disclaimed as generic. No lawyer has disagreed with this. I cannot call my business Thread Bears but I can certainly use an accurate description if needed.
IMHO
Friday, September 20, 2013
Click on this link to see the original Thread Bears Copyright
It is interesting that a recent argument was over the validity of copyright, when the copyright for thread bears does not even belong to them.
It is interesting that a recent argument was over the validity of copyright, when the copyright for thread bears does not even belong to them.
Wednesday, August 7, 2013
I don't know if there is any more worth posting? Just read THEIR blog. It really shows what the trouble is. When dealing with people who are so caught up in being "right" that they have saved every confusing scrap of evidence available to make everyone else look wrong there is a bigger issue than a little trademark for little thread bears. There are some serious issues that have nothing to do with bears.
http://ttabvue.uspto.gov/ttabvue/v?pno=92046025&pty=CAN&eno=22
In this testimony statement they claim that their product was different than the original Thread Bears. (1st page, 3rd paragraph)
In their answer they state that they are the same.
http://ttabvue.uspto.gov/ttabvue/v?pno=92046025&pty=CAN&eno=6
(page 6, 1st paragraph)
They also admit the 2f designation which they blame on Berta even though the designation was assigned to the trademark before they even received it.
John 8:7
In this testimony statement they claim that their product was different than the original Thread Bears. (1st page, 3rd paragraph)
In their answer they state that they are the same.
http://ttabvue.uspto.gov/ttabvue/v?pno=92046025&pty=CAN&eno=6
(page 6, 1st paragraph)
They also admit the 2f designation which they blame on Berta even though the designation was assigned to the trademark before they even received it.
John 8:7
I had some good news today. Apparently I am not in the same business as the owners of the Thread Bears trademark. Since I am, according to THEM, not in the same "class". I can use thread bears without fear of infringement. According to an IP attorney in the case of thread bears (not the current disclaimers) infringement only applies to items in the same class.
Uhm...OK. They do know that Berta and Bobbie have the same first name of Roberta right? The stuff they are doing now is just weird. Are they trying to prove that Berta and Bobbie are friends? Uhm, yes they are. Why does it matter? They won the trademark case, so why are they still upset over it?
Imho, people who are told they are wrong are never so angry as when they really are wrong!
Imho, people who are told they are wrong are never so angry as when they really are wrong!
Wednesday, July 31, 2013
PLEASE if you find this case interesting go read their blog threadbears.blogspot.com to see what we have been up against with this case.
They sent a letter to Berta that said ....
"You are more infringing than anyone else because you also infringe on our Thread Teds by Thread Bears mark-- since you use Thread Teds on your items as well."
I stated that they said Berta is infringing on their mark by using ThReAdTeDs
And apparently that makes me a liar, not sure how. Please go to the blog and decide for yourselves. I can't even understand their logic.
I have re read their testimony where they claimed that they made completely different items than the original thread bears , and then where they claim they are the same and have been in continuous use.
I have seen where they say I accused Berta of copying them, when they state repeatedly in their testimony that she copied them. All I said was that I know THEY think that, and they do. All of this is because she is their competition...because she gets a good price for their bears and they think that thread bears are their idea only.
They sent a letter to Berta that said ....
"You are more infringing than anyone else because you also infringe on our Thread Teds by Thread Bears mark-- since you use Thread Teds on your items as well."
I stated that they said Berta is infringing on their mark by using ThReAdTeDs
And apparently that makes me a liar, not sure how. Please go to the blog and decide for yourselves. I can't even understand their logic.
I have re read their testimony where they claimed that they made completely different items than the original thread bears , and then where they claim they are the same and have been in continuous use.
I have seen where they say I accused Berta of copying them, when they state repeatedly in their testimony that she copied them. All I said was that I know THEY think that, and they do. All of this is because she is their competition...because she gets a good price for their bears and they think that thread bears are their idea only.
Monday, July 1, 2013
the uspto
http://www.uspto.gov/trademarks/DisclaimerPaper.doc
This is a link to the uspto's description of what a disclaimer is. It is worth reading considering that the owners of the Thread Bears trademark disclaimed the term thread bears and thread teds in order to also trademark Thread Teds by Thread Bears. This explains that a disclaimer exists due to the generic nature of terms, in my opinion. However, these owners recently removed Berta's threadteds page from facebook for using the words thread bears as a description. I believe they are NOT within their legal rights to police the descriptive use of the words thread bears or thread teds
Although they originally wrote and congratulated on Berta on her thread bears. (see previous post), I wonder at the great lengths they have gone too since then to "clear the field". And it occured to me that maybe they really feel the only way to compete with her is to tear her down. Most bear makers concentrate on making better bears than their competition, but perhaps they feel their bears are just not good enough. They, instead seem to have gone to great efforts to hinder her ability to describe her work and also to trademark a mark simliar to hers. It has been largely unsuccessful, a nusiance yes, but Berta's work continues to evolve and her fan base coninues to grow. She continues to compete in the correct way, but making better bears.
I call on the owners of "Thread Bears' trademark to move on as well. Stop policing a generic term, and stop attacking Berta, it only shows that you know she is better than you.
I am moving on and will continue to make both yarn and thread bears and animals in the future, and I intend to describe them accurately.
This is a link to the uspto's description of what a disclaimer is. It is worth reading considering that the owners of the Thread Bears trademark disclaimed the term thread bears and thread teds in order to also trademark Thread Teds by Thread Bears. This explains that a disclaimer exists due to the generic nature of terms, in my opinion. However, these owners recently removed Berta's threadteds page from facebook for using the words thread bears as a description. I believe they are NOT within their legal rights to police the descriptive use of the words thread bears or thread teds
Although they originally wrote and congratulated on Berta on her thread bears. (see previous post), I wonder at the great lengths they have gone too since then to "clear the field". And it occured to me that maybe they really feel the only way to compete with her is to tear her down. Most bear makers concentrate on making better bears than their competition, but perhaps they feel their bears are just not good enough. They, instead seem to have gone to great efforts to hinder her ability to describe her work and also to trademark a mark simliar to hers. It has been largely unsuccessful, a nusiance yes, but Berta's work continues to evolve and her fan base coninues to grow. She continues to compete in the correct way, but making better bears.
I call on the owners of "Thread Bears' trademark to move on as well. Stop policing a generic term, and stop attacking Berta, it only shows that you know she is better than you.
I am moving on and will continue to make both yarn and thread bears and animals in the future, and I intend to describe them accurately.
Sunday, June 30, 2013
Saturday, June 29, 2013
the truth?
The owners of the trademark Thread Bears swore under oath that they had used it AS A MARK for five years. There is ample evidence that they did NOT use it as a mark at all, only descriptively until after they acquired the mark from it's original owner. IF they had been using it AS A MARK before then than they were violating the trademark Thread Bears. If they were not violating the trademark by using the term "thread bear" to describe their work than neither is ANY ONE ELSE who uses that term descriptively. This is MY opinion on the issue and cannot be taken for legal advice.
The owners of the trademark Thread Bears swore under oath that they had used it AS A MARK for five years. There is ample evidence that they did NOT use it as a mark at all, only descriptively until after they acquired the mark from it's original owner. IF they had been using it AS A MARK before then than they were violating the trademark Thread Bears. If they were not violating the trademark by using the term "thread bear" to describe their work than neither is ANY ONE ELSE who uses that term descriptively. This is MY opinion on the issue and cannot be taken for legal advice.
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