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.