Acts 7:24

On OFFICIAL lawyers opinion on this issue.

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.

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!

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.

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.

 

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.

I didn't say it.  My computer did.

Lately a bear maker in Canada was blindsided with accusations of violating the Thread Bear trademark.  Naturally, like most bear makers, she had no idea of a claim that "thread bears" as a description would be considered a violation of the Thread Bear trademark.

I couldn't help but remind the owners of the Thread Bear trademark that before they acquired said trademark from Matt Walsh, they used the term constantly and descriptively. 

They, in turn posted accusations that they have had posts removed from my blogs?  I just wanted to say here that this is false.  I have not had any posts removed from any blogs...nor have I been asked too remove any posts.

I posted because I once again felt that they were doing something unethical. They seem to expect every thread bear maker to know about their trademark AND interpret that as a ban on the descriptive words as well. 

Public record indicates that they themselves had no idea it was even a trademark until they sought a seperate registration for "Thready Bears our Little Knotheads".   Other artists who make bears from thread will naturally call them thread bears...because it is an accurate and in my opinon legal description. 

In my opinon, If they want to "protect" their trademark they should work on building their brand instead of attacking other artists who are not even competition for them.

This is the text of a message I sent to Thread Bears before they started the blog..  They did not respond..and I noticed they did NOT post this one publicly.

Deborah Gibbons Nicholas

• You are right that most of the bear world has moved on, please allow the rest of us to do so by releasing your design on Berta's trademark. Nobody is using Thread Bears any more and it all yours...but as long as you are going after Berta there are still a few who feel that you need to be stopped. If you could allow your compassion to let her operate without constant fear maybe it really could end.

Why the issue is still an issue

If you have been following the "discussion" on "Theoriginalthreadbears.blogspot.com" you know I disagree with the assertion that the term "thread bear" is trademarked.  I believe that they do own the trademark "Thread Bears" that they obtained after using it descriptively for many years.
If using the term "thread bear" descriptively  is violating a trademark, than they themselves violated said trademark before they obtained it. 

I recently was accused by them of violating the trademark in just such a way, so I asked them to please tell me where.  As far as I knew I wasn't using the term, even descriptively, anywhere on the web.

Well a few days later I received this notice.  It is referencing a page on ravelry that I put up over two years ago and completely forgot about.  The pattern is free and I used to sell it on ebay under the term "thread bear" before this whole issue started.

Ironically..the week that this occured, there were three other auctions on ebay using the term "thread bear" which were apparently left alone.

This blog is the personal opinion of Debbie Nicholas. It is meant to explain my opinion on the evolution of the issue revolving around the trademark "Thread Bears". I do not claim to represent them in any way, shape or form. My bears are sold under the name of deBBittybears and I do not use the term "Thread Bears" in any form when selling my product.

In this blog I am expressing my deep feelings and concern over the way that this issue was handled and my opinion on what I witnessed happening. I am no a trademark attorney and make no claims to complete understanding. Please do your own research for further information.

Thanks for reading.

-Debbie Nicholas

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.

Thanks.

-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.