Wednesday, July 31, 2013

PLEASE if you find this case interesting go read their blog 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.

Monday, July 1, 2013

the uspto

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.