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.

A ROSE BY ANY OTHER NAME...






What would you call this? It is a bear crocheted out of thread so what would you call it? Would you call it a thread bear?

Here is a picture of a Thread Cat and Frog

Some cute Thread Monkeys

Thread Boy and his Thread Dragon

Thread Mouse

Thread Pig

Thread Lamb

I even have a picture of a Thread Hippo

a thread alien.

How about a thread rabbit?

So...then...what is this?

If you go to the uspto.gov site and look up US Serial No: 78553324 you will find a document from the office of trademarks stating that the term "Thread Bears" is generic...here is an excerpt....

"However, the previously attached evidence demonstrated that the term “THREAD BEARS” has become the recognized and commonly used name for small, crocheted, sewn, or felted bears, dolls, and animals. (See evidence attached to Letter of Protest). In this case, applicant’s goods are known as “THREAD BEARS” in the collectable bear industry. As such, the combination of words is generic and the term “THREAD BEARS” must be disclaimed."

However, in the case of the registered trademark of "Thread Bears" registration #75245684

the Board has refused to cancel the trademark...part of their ruling ...

"The Board must make its own
findings of fact, and that duty may not be delegated by
adopting the conclusions reached by the Trademark Office
examining operation...

In this proceeding, allowing an amendment (or deeming the
complaint amended) would be pointless in view of the fact
that the subject registration is over five years old. As
such, any allegation that the registered mark has not
acquired distinctiveness and is merely descriptive is not
available as a ground for cancellation."

So what is this????

It is a..

bear of thread

thread artist bear

thread crochet bear

thread teddy bear

fiber bear

crocheted thread teddy bear

AND

REALLY CUTE (if I dont' say so myself!)

But it is NOT, for the moment, a THREAD BEAR?

love, deBBie

(This is a personal blog and I alone am responsible for it's contents)

For Further Information on this issue please visit the threadanimals group blog at www.threadanimals.blogspot.com