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.
Debbie, you are lying. You know "thread bears" is not generic--REGISTRATION NO. 2146208. Back in Nov 2011, you stated that you knew that disclaiming the phrase DIDN'T invalidate our mark, and that you "just don't know what that means," yet you give your opinion. You've stated that you moved on when you clearly haven't. You clearly aren't a person of your word. http://www.threadbears.blogspot.com/2011/11/private-made-public.html
ReplyDeleteThis was BEFORE the trademark for Thread Teds by Thread Bears went through. You formally disclaimed thread bears and thread teds but you continue to police it. If you recall in that same letter I asked you to leave Berta alone, which you refuse to do. In the end God will be the judge of this. He will know who was lying and who was bullying. I am glad to have defended my friend, and moving on doesn't mean leaving her defenseless. If she was your next door neighbor instead of in another country would you do this? Who is your neighbor? The only thing she ever did to deserve this constant monitoring and tradmeark war is make better bears.
ReplyDeleteThis is untrue. As already stated--You need to go back and read your own words. It has nothing to do with just "thread teds." The policing is still because of "thread bears." We're not the ones that have pushed this. It was you, Bobbie, and Berta. All the truth is out there for you to see, including in your own words if you go back to read what you said. You've said that Berta copies my products-- because they are superior (according to Bobbie). You know we own the trademark and that we weren't the aggressors in this. Berta was. You and Bobbie have helped your competition try to run us off while your businesses went on hold. What has it profited you by being nasty to us and trying to run us out of business?
ReplyDeleteAnd yes, God is the judge of this. Prayers are already being answered, you just won't accept those answers.
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ReplyDeleteI imagine He is not too happy with any of us for this contention, especially those who believe in Him.
ReplyDeleteMatt. 7:12
1 Corinthians 6:1-7