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Old 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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Old 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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Old 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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Old 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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Old 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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Old 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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Old 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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Old 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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Old 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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Old 03-20-2017, 09:22 AM   #10
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No longer says patent pending on mysweetpetuina
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Old 03-20-2017, 09:29 AM   #11
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Never mind it does
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Old 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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Old 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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Old 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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Old 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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Old 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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Old 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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Old 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.

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Old 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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Old 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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Old 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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Old 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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Old 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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Old 07-11-2017, 10:21 AM   #24
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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.
I was doing a search on the intenet for the Misti price, and saw "lawsuit". I was about to click on the Tim/Ionic one to purchase, but it says delayed till July.... has it been on back order since April? there is a similar one on sale right now as a bundle on HSN craft event.... think I'll get that one.
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Old 07-13-2017, 02:35 PM   #25
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Quote:
Originally Posted by stamps4funGin View Post
I was doing a search on the intenet for the Misti price, and saw "lawsuit". I was about to click on the Tim/Ionic one to purchase, but it says delayed till July.... has it been on back order since April? there is a similar one on sale right now as a bundle on HSN craft event.... think I'll get that one.
Tim's has been shipping as of a day or two ago.
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Old 07-03-2018, 10:16 AM   #26
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Does this mean it’s about to be over? Tonic had asked for dismissal last month. Saw this today.
Monday, July 02, 2018
54
misc
Stipulation of Dismissal
Mon 4:07 PM
STIPULATION of Dismissal by My Sweet Petunia, Inc.. (Fugett, Eric)
If so, wondering if the market will now be flooded with even more platform designs.
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Old 07-03-2018, 11:04 AM   #27
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It would be interesting to see the stipulations of the dismissal...
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Old 07-03-2018, 11:11 AM   #28
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A stipulation is where the parties have agreed to dismiss some or part of a claim or filing. It could be in connection with a settlement of the litigation, or not.
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Old 07-03-2018, 11:16 AM   #29
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Status is dismissed with prejudice (meaning the case can’t be brought again), settled, terminated 7/3. Any settlement wouldn’t be in the public record. Like most court cases, it didn’t go to trial.

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Old 07-03-2018, 12:31 PM   #30
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Quote:
Originally Posted by bjeans View Post
Status is dismissed with prejudice (meaning the case can’t be brought again), settled, terminated 7/3. Any settlement wouldn’t be in the public record. Like most court cases, it didn’t go to trial.
Thank you for explaining.
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Old 07-21-2018, 12:21 PM   #31
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Tonic sent out a notice saying they had agreed to work together with MSP and that they will no longer sell their product in USA, Canada and Mexico. The letter embraced the crafting community as a whole and supported "working with and not against" others in the industry.
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Old 07-21-2018, 03:32 PM   #32
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Suing can be a nasty business. I couldn't buy a Misti when they first came out because of the huge cost. I'm on a fixed income, and that was too much money for me. I purchased one of the Hampton Arts platforms before all the hoopla, and have never regretted it. Very sturdy. I wonder if SU will be sued since they have their own positioner now. Will be interesting to see.
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Old 07-21-2018, 06:07 PM   #33
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Some time back I wondered why SU would go to all the cost of producing something of which there were already Four other Stamp positioners in the marketplace.I thought they were a little late out of the gate. Sooo I wonder what will happen to the Stamperatus

I purchased my WRMK Precision Press when it first came out. While I was in Arizona that winter Scrapbooks . Com had them on sale for $15.99 so I picked up a second one as did five other girls in our stamp club for themselves and gifts. I thought that was their way of getting rid of them when all the law suits first came out.
I also thought that Tonic would have made doubly sure that their product would not in any way infringe on Misti. I thought the company was big enough to know about patents etc as they were not new to the game.

Did not foresee this happening to Tims Product, but they came out quickly with his glass stamping surface which appears popular.
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Old 07-21-2018, 07:07 PM   #34
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Businesses take calculated risks all the time, not so surprising. And it sounds like both parties may be satisfied, at least to some extent, given their working together in the future.

I’m trying to get used to the new Precision Press Advanced, but the first one was the one I let go. That’s why having a variety is really good for consumers, whether in cars, shoes, inks or stamping platforms. What one person dislikes another thinks is great - and they’re both right.
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Old 07-22-2018, 06:09 AM   #35
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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.

July 22nd now, and it isn't there any longer.
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Old 07-22-2018, 07:02 AM   #36
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Marcos Paper still has the TH platform. I think it was moved to a different part of their website (the link was from 2017).

https://www.marcopaper.com/products....Stamp-Platform
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Old 07-22-2018, 09:52 AM   #37
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Joann dot com has it today at $23.99. I got mine from there at half price a few weeks ago.
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Old 07-22-2018, 12:25 PM   #38
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They’re still at a lot of places so probably allowed to sell current inventory?

www.joann.com has them for about $20 for the smaller one and $23 for the larger.
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Old 07-22-2018, 03:33 PM   #39
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I got both for my birthday, so no matter what happens, I'm good to go. Still have two sizes of MISTI, as well...
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Old 07-23-2018, 07:13 AM   #40
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I really don't see how the Tonic platform violate the Misti copyright. The only thing similar is the purpose - it would be like SC Johnson Wax trying to copyright a mop. It's a tool for a job, but the similarity ends there - they work nothing alike. I am glad I haev my Tonic platform because I really prefer it over the Misti.
WyomingRobin is offline  
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