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Unread 03-18-2017, 03:57 PM   #1
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Question What does this mean?

I just had an email from an online store from whom I order supplies. They are offering either the Hampton Arts stamp positioner or the WeR positioner for $15.99. Says the offer is good until Sunday, March 19th or until sold out, and that neither version will be sold in the USA any longer. I have the WeR one, an original MISTI, and a Tim Holtz Platform on preorder from another supplier. The Tim Holtz Platform order now says "late April" rather than "April" originally noted in my order. What has happened? Now I'm paranoid but concerned that perhaps there will not be a Tim Holtz model.
Any news I missed? Inquiring minds...
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Unread 03-18-2017, 04:20 PM   #2
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You know, that is very interesting bc I got that email too, and scrapbook.com has the WRMK positioner at 50% off as well.

Maybe the MISTI got its patent??

I hope the Tim Holtz one is just a delay (some of his stuff seems to have delayed preorders in my experience), bc I really like the design and the size. I own a MISTI and a mini, but I'd want the Tonic one for different things.
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Unread 03-18-2017, 04:39 PM   #3
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I think the Tim one is also affected. I have heard that someone already was refunded for their pre order via PayPal.
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Unread 03-18-2017, 07:14 PM   #4
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Oh, no. I really wanted to try the Tonic. The same thought about the MISTI patent occurred to me as well. I will have my MISTI and the WRMK to use in any case. Thanks for your input
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Unread 03-19-2017, 07:40 AM   #5
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Ranger is scrambling to manufacture many new items brought out for Creativation, is way behind in Oxide ink production, and April is still the target for the Stamp Platform. Plus the Stamp Platform is not a copycat. The rumor mill is alive and well, but unless Ranger makes an announcement, I'm not concerned.
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Unread 03-19-2017, 08:03 AM   #6
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Bjeans, you are the voice of reason. Thank you for your input.
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Last edited by loyce; 03-19-2017 at 08:04 AM.. Reason: poor punctuation
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Unread 03-19-2017, 11:44 AM   #7
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Quote:
Originally Posted by bjeans View Post
Ranger is scrambling to manufacture many new items brought out for Creativation, is way behind in Oxide ink production, and April is still the target for the Stamp Platform. Plus the Stamp Platform is not a copycat. The rumor mill is alive and well, but unless Ranger makes an announcement, I'm not concerned.
Ranger has nothing to do with the stamp platform.
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Unread 03-20-2017, 07:33 AM   #8
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Default What does it mean?

I went to Michael's on Sunday to pick up the Hampton Stamping Tool (or whatever the name they call it). There were none where I had seen them. I asked one of the people that was roaming around if they had any in the back. She said they had several and called the manager over to see where they could be.
The manager said (to me and the clerk) "We had to pull them on Friday for some legal issue". They are in the manager's office and can't be sold.

That's what I was told..... so who knows, but something is fishy. So glad I bought one and then I found one (Hampton Art) on line and bought it right away. It should be delivered this week.

I have 3 version of this... and it has made my life so much better when I am mass producing cards!

Good Luck!
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Unread 03-20-2017, 08:01 AM   #9
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That is very interesting, jccats. I don't think of Michael's as being that "quick" to show response to anything.I realize that I am a hypocrite. I like having a chance to try the different stamp positioners but at the same time cheer for MISTI-maker to protect her design. To further confuse my standards, I still want an opportunity to use the Tim Holtz Stamp Platform.
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Unread 03-20-2017, 09:22 AM   #10
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No longer says patent pending on mysweetpetuina
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Unread 03-20-2017, 09:29 AM   #11
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Never mind it does
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Unread 03-20-2017, 12:58 PM   #12
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I can't imagine that an inventor would not patent the product before marketing it. If there is a patent pending, any copiers will be in trouble! That's a Federal offense.
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Unread 03-20-2017, 01:12 PM   #13
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Getting a patent granted is a long and expensive process. I suppose most inventors lack the funds until they can sell some product so just take their chances of being copied.
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Unread 03-20-2017, 03:00 PM   #14
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This is an honest question (not trying to bash Misti or any other company!) but I'm a little confused. I have so many stamping tools that are similar, made by multiple companies, and it doesn't seem to be a problem. The same thing with stamps - owls, sheep, birds, hedge hogs - you name it. Tools such as score boards, punches, even dies - all nearly identical. So I would think the creator of the Misti would know there will be similar tools manufactured. If the patents were so strict, even for intellectual property, how can all these other items be made? I hope this makes sense. I'm counting on one of you intelligent ladies to explain it to me, as I'm curious.
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Unread 03-20-2017, 05:05 PM   #15
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Here's a general description from the US Patent and Trademark Office:

The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.

In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. (Then comes some definitions of all those terms...)

The patent law specifies that the subject matter must be “useful.” The term “useful” in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.

A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.


So. It has to be new. It has to be a "process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". In MISTI's case it is either a machine or a useful improvement on a machine. It has to be useful. And those terms are as defined by patent law.

Intellectual property isn't patent-able.

There's all kinds of tools out there that would not qualify, according to the definitions in the law, because they have never been "new".
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Unread 03-20-2017, 05:40 PM   #16
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Thanks, Diane What comes to mind is the Scor-Pal, followed by the MS scoreboard. Hers doesn't seem that different, but there didn't seem to be an issue with it's manufacture. I can see a bit of an issue with the Hampton Arts tool vs the Misti, but not as much with the WRMK precision press. I'm fascinated by discussions like this since it seems like it's such a fine line. Very interesting!
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Unread 03-21-2017, 03:38 AM   #17
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I heard thru the grapevine that My Sweet Petunia was granted her patent for her most wonderful MISTI tool.......

Seeing as I use the MISTI every time I stamp and I love it so much...I was super excited to hear that!!
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Last edited by debbiemom23cs; 03-21-2017 at 03:42 AM..
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Unread 03-21-2017, 10:49 AM   #18
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I use the MISTI a lot too but I am really hoping to get the Tim Holtz version. The original MISTI that I bought isn't quite large enough to lay a half sheet (8.5x5.5) sheet of cardstock down flat and one end gets a little bent.

I am keeping my fingers crossed that I get my Holtz positioner.

Last edited by Cinnistew; 03-21-2017 at 10:56 AM..
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Unread 03-21-2017, 11:39 AM   #19
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Tim's stamp platform is still listed on Marco's Paper: https://www.marcopaper.com/products....-April-2017%29

My order hasn't been cancelled.
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Unread 03-21-2017, 12:30 PM   #20
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I emailed Marco's Paper and this is the reply I received from Greg Smallwood:

"We started hearing the same over the weekend. So far, have not heard anything that would affect the Tim Holtz version – I suspect the fact that it is reversible makes it unique. Late last week, we heard from a supplier that they are on schedule to arrive in mid-April."
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Unread 03-29-2017, 03:38 AM   #21
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I just read a post on this blog The Stamp Act about an issue with the Hampton Arts stamp perfect....might explain what's going on if her info is accurate. You need to scroll down to her title "Important News!"
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Unread 03-29-2017, 05:39 AM   #22
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Interesting. I was under the impression that it would be illegal for anyone to continue to sell the product once that judgment was issued. Someone on the other thread also commented that their Michaels still has them on the shelf, even though (as mentioned above) the home office said to pull them.

Hmmmmm.
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Unread 03-29-2017, 05:57 AM   #23
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This could have been settled - as most lawsuits are - before it went to court. Given the speed, that's possible. Part of the settlement could be that items currently in stock could continue to be sold. Or they could be sold by certain vendors. MSP could have received a cash settlement. But it's all speculation; one of the agreements could be that the details not be made public. Do the details matter other than it was a close copy and is going away?
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