http://www.primiteds.com/Thread-Teds-by-Thread-Bears.html


They now have a link for "Thread Teds" on their blog, but no they aren't attacking anyone!  They didn't go after Berta at all!

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

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. 

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

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!