Nancy Nally is the owner of Nally Studios and the publisher and editor of Scrapbook Update and Craft Critique, two websites focused on the scrapbooking industry. And avid scrapbooker for more than 20 years, Nancy has a keen interest in news and trends that affect the industry. Again this year she will be bringing us quarterly reports on the scrapbooking industry and we’re excited to publish the first installment for 2019. Here’s Nancy:
Ellison Sues Five Companies Over Patent
Ellison, the parent of Sizzix brand, has filed suit against five different companies since November 2018 alleging infringement of a die technology patent it holds. Stephanie Barnard, a Sizzix licensed designer, and her The Stamps of Life company were the first sued in November 2018. This was followed by Prima Marketing and Hero Arts in December 2018. Ellison launched an additional suit against Avery Elle in January 2019, and yet another in February 2019 against Heartfelt Creations.
All of the suits allege infringement on a patent that Ellison has held since 2015. The patent claims ownership of innovating thin metal dies that are designed with none of the metal edge extending into the open center of the die, past the cutting blade. It also claims ownership of the method of aligning dies designed in that manner with stamped images that are put through a roller die cut machine to cut them out. And finally, the patent claims ownership of the concept of producing nested thin metal dies with completely open centers.
Prima quickly settled the case against them, but multiple other companies are mounting vigorous defenses against Ellison’s suits that include challenging the validity of the patent itself. If the cases go all the way to trial, they will last at least until into the third quarter of 2020 (based on current scheduling in several cases).
Cricut to Discontinue Cuttlebug
The Cricut Cuttlebug.
Cricut has announced that it has made the decision to discontinue its manual die cut machine, the Cuttlebug. The machine’s accessories, including dies and embossing folders, will also be discontinued. The Cuttlebug, which works with thin metal dies and embossing folders, had been being marketed as an accessory to Cricut’s electronic die cut machines. The machine and accessories are available at Cricut.com and other outlets while supplies last.
Lifeway Christian Stores Closing
Lifeway Christian has announced it is closing all 170 of its local retail stores before the end of 2019. The stores, affiliated with the Southern Baptist Convention, have been a retail outlet for Bible journaling products from brands like Illustrated Faith and Ranger Ink to reach non-crafters. Lifeway plans to continue some retail operations online, but it’s unclear whether Bible journaling will be part of their offering.
Some Costco Photo Labs Closed
In yet another sign that fewer people are printing their photos, Costco has been gradually closing photo labs in several states during the past year. To date, photo labs in Hawaii, Massachusetts, and California have been affected by closures. Costco members in those areas can still order photos online for delivery by mail.
Consumers not converting digital photos into print is one factor widely blamed for the decline of the scrapbook industry in the past 15 years. An archival salvage movement has been building in some quarters that calls for the printing of photos to save them from becoming technologically obsolete. But the concept has yet to catch on with the average consumer, who it seems prefers in 2019 to keep their photos on their phone and nowhere else.
Big Changes at Project Life
Becky Higgins announced earlier this year that (presumably due to a shifting market for her signature Project Life pocket scrapbooking products) that her namesake company is making some major changes in 2019. The first change was the closure of the physical office that housed Becky Higgins LLC operations and shifting back to its roots of running it’s operating from home offices.
The Good Life products from Becky Higgins.
In addition, the company is discontinuing (at least for now) its foray into lifestyle products called The Good Life, as well as all consumer show exhibiting. They will also no longer ship product from their online store to international customers and have ended their affiliate program. Consumers can expect instead to see a renewed focus on marketing the company’s core Project Life brand kits and app.
Fancy Pants Designs Partners with Foundations Décor
Fancy Pants Designs, which was founded in 2004 by Jodi Sanford and her husband Jared Sanford, has been bought by Foundations Décor. Effective April 1, all orders for current Fancy Pants Designs will be handled through Foundations Décor. Jodi Sanford, Fancy Pants’ Creative Director, will be remaining with the brand in its new home at Foundations Décor. New product releases are promised soon, including some that are being specially designed to work with the specialty of Foundations Décor, wood and home décor crafting.
My Sweet Petunia Sues Over MISTI Patents Again
My Sweet Petunia wasn’t done with patent litigation after settling their patent infringement lawsuit against Tonic Studios over the Tim Holtz stamp platform last summer. In October 2018, the company sued Stampin’ Up! alleging that their Stamparatus tool also violated the patent on My Sweet Petunia’s MISTI tool.
Stampin’ Up! has filed counter-claims against My Sweet Petunia challenging, among other things, the validity of My Sweet Petunia’s patents. The company is citing the L Letterpress Tool from Lifestyle Crafts and the Cathie Allan Position-It tool as examples of similar products that pre-date the MISTI. In addition, Stampin’ Up! are citing a patent granted in 2013 to Lifestyle Crafts as prior art. Given the complexity of patent litigation, this suit is likely to be ongoing for months (if not years), barring a settlement.
I always enjoy reading this report. Thank you !
[This comment has been cross-posted Scrapbook Update and Hero Arts].
As someone who has lurked on the edges on the stamping/paper crafting industry and community for over six years now, I would like to offer a point of view the that is shaped by 23 years of working for a global Fortune 100 company that was passionate, fervent – and at times, vehement – in defending its globally recognized brand…
…and, given the passionately loyal nature of the stamping/paper crafting community, I am well aware of the heresy I may be committing.
As a couple of commenters on all three sites have astutely – and correctly – pointed out: at the end of the day, this is about intellectual property (IP), so at the end of the day, this is about money.
There is a saying in Corporate America: “It’s easier to ask for forgiveness than to ask for permission”.
Unfortunately, when money is involved, I don’t think this is the case any longer, especially in this day and age of shrinking margins and declining profits for mid-size to small companies and manufacturers.
Licensing a company’s IP is the legal route to pursue, and sometimes, companies will license or give permission for use of their IP for a minimal, even token, cost that allows the owning company to continue demonstrating their ownership of the IP, especially when it comes to what may considered “commonly accepted” manufacturing processes, design elements, etc.
However, “borrowing” or outright copying a company’s IP without licensing or permission is not acceptable – and when that happens, a company has the right to use the legal avenues available to protect their IP.
Related: the stamp company My Favorite Things has a page specifically designated to report counterfeit products (https://www.mftstamps.com/counterfeit) – “We continue to do everything possible to protect our brand.”
Several commenters on all three sites have drawn comparisons to the MISTI/Tim Holtz Stamp Platform debacle.
It is interesting to note similarities between that situation and this one, with the caveat being the inconvenient truth that Iliana Myska, the owner of My Sweet Petunia, did not, in fact, invent the concept/idea of the “stamp platform”. When My Sweet Petunia’s litigation against Tonic Studios was first announced in 2017, people involved in various aspects of the stamping/paper crafting industry for 20+ years confirmed this to me in-person, and I saw similar discussions via online boards and comments on blog posts (it’s interesting to note that the Tim Holtz Stamp Platform will still be manufactured and available in the U.K. and Europe, where IP law is much clearer/defined than in the U.S; in my opinion, Tonic Studios, the manufacturer of the Tim Holtz Stamp Platform, should not have settled with My Sweet Petunia).
I agree that it’s unfortunate that Ellison Educational Products Inc. (the parent company of Sizzix) has landed on Hero Arts the way they have; however, given that both Ellison and Tonic Studios Ltd. (the parent company of Tonic Studios USA Inc.) are both based in the U.K., I can’t help but wonder if Ellison’s actions are based on Tonic Studios’ experience with My Sweet Petunia here in the U.S.
At the end of the day, I hope an amicable resolution can be reached that maintains the reputation of both companies, recognizes and respects the IP of the companies involved (if necessary), and benefits the creative interests of the the stamping/paper crafting industry and community worldwide.
I agree with everyone here so far. After seeing the appalling behavior of My Not Sweet Petunia’s CFLO (chief frivolous litigation officer), Iliana Myska, I will NOT purchase one of her products. I’m sorry, but she is a disgrace to this industry and is a fake Christian. I LOVE that it looks like Stampin Up is standing up to her by introducing the products into evidence that she copied from. I would thoroughly enjoy seeing her lose her ill-gotten patent.
When I saw her posting petty threats and disgraceful bullying online, I vowed to never spend a dollar that will benefit her.
It is sad that Stampin’ Up! is no longer going to carry the Stamperatus. What is very sad is this Iliane professes to be a believer – if she was, she would not be suing. I will certainly not be purchasing any products from them either.
My take on the owner of My Favorite Things suing every possible company with a similar product is extremely negative. I think she is all about money and money alone. Competition is NOT a bad thing. It has always kept me sharp and on my A game in corporate America. It is outrageous there are so many crafting companies suing each other. You could not pay me enough to purchase a MISTY or any other product her company sells. All my friends feel the same. She released a mediocre product with a high price point. The Tonic version is a quality tool MSRP is $40 compared to $60+ for the MISTY. Seems like whoever races to the US Patent Office first gets a green light to beginning suing companies even when its not their original design or concept. I’ve been making art and crafting most of my life and I feel like the industry is as cut throat as traders on Wall Street. It truly makes me sick. Did we not learn respect and playing well with others in Kindergarten? I will get off my soapbox now. I did enjoy reading your craft industry update.
I have seen a lot of My Favorite Things stamps and dies directly copied on sites like Ali express. MFT does all their manufacturing in the USA to try to avoid being copied by knock offs. Frankly the knock offs are having a huge impact on thus industry.
As a crafter, maker, artist, I hate to admit that I have purchased some of the Chinese made dies (on Ebay) because they’re so cheap. But given the choice of an AFFORDABLE original die even at a higher price than the Chinese knockoff, I’ll spend a little more and buy the brand name original. But price IS a factor and I just wouldn’t have as many designs if I had to pay the typical retail price (without a coupon or a sale or a clearance price.) And I can see little difference in quality of the Chinese vs the name brands. It should also be noted that that most of the Chinese dies that I see or buy are not any sort of current designs, but ones that are older and common images such as bees, butterflies, nautical, nature themes, flora, fauna, common holiday elements. I also have lots of brand name dies too and have supported these brands enthusiastically (not just in dies) in my purchases so much more than I ever would in direct from China knockoffs. In terms of dies and stamps (bought virtually no stamps from China) I simply will not pay $12 – $20 for one or more dies or even $30 or more for a set for dies. I fully understand the WHY of the cost difference, but if there were no cheap Chinese knockoffs, I don’t think American makers would be so much more ahead by crafters scooping up their often overpriced dies & stamps. I am also a big supporter of American MADE products. But a huge problem for me is that almost 100% of big name crafting products by U.S. based companies are made in China or anywhere else BUT the U.S.
In general I WILL pay more for AMERICAN MADE products….and I know they will cost more and I’ll probably have less stuff. But we’ve just gotten too used to so many consumer goods being so cheap anyway and because of that and corporate push to keep making more and more profits, American labor has lost out.
These knock-off Chinese companies steal designs and use what amounts to slave labor to produce them so people who who feel entitled to having more in their stash can buy them and ignore the pain behind the purchase. I know of one company that makes complex dies that hired a person full time just to look for their stolen designs and report them to Amazon.
Artists who work hard in their jobs lose sales, brick and mortar stamp stores go out of business. When we buy a Chinese knock-off, we’re buying stolen goods. It’s that simple.
Nancy,
I get it, but I’m not ashamed actually to say that I have purchased craft items from Chinese sources. HOWEVER, I am SUPER selective about the products that I do.
I love supporting small businesses. I’m Canadian but I would rather buy from the source than get a knock off. I am happy to support a small business or artist from any country. There are a few rules I have about whether I will buy a die, stamp or other crafting item from Chinese sellers. Here’s my “code” for lack of a better term:
A) Is the item a “generic” item? For example: are we talking about a set of nesting circle or square dies etc that are considered “crafting staples” and which are nearly identical from one brand name company to the next? If so, then YES, I will gladly purchase from China.
Take the craft blending brushes. I, just as countless other crafters, was using those generic make-up brushes from Amazon BEFORE Picket Fence introduced their Life Changing Brushes. Those Amazon ones were knocks offs of the $300+ USD set that a prestigious makeup company introduced several years ago. The first knock-offs were in the $50 USD range and considered a great deal seeing how that the originals were a few hundred dollars. Another example of the brush issue is the colored handle blending brushes sold by Simon Says. Those are LITERALLY the exact same ones that have been sold on AliExpress and Wish for a couple of years. Simon Says didn’t even take the time to use their own photograph. The photo on their storefront is the one from the Chinese sellers own listing for them. Simon Says started selling the Chinese blending brushes at a 500% markup of what the brushes sell for on AliExpress and a 250% markup from the Amazon price.
B) Is the product still produced? Meaning, am I falling in love with a craft item that was discontinued years ago and after 6 months of hunting eBay and Etsy, I still can’t find it but a Chinese seller has it? If so, then YES, I will purchase from China. I buy used crafting supplies multiple times a week and would rather pay more, get the brand name and help out a small business on eBay/Etsy or a fellow crafter that is de-stashing or needs the money. I will only buy it from China if it’s my only hope of getting the item.
C) IF it is a “knockoff”, is it of a company that cares about its customers? I know that sounds tricky, so let me explain. I won’t buy Chinese knockoffs of brand name products that I can get through normal channels and the product is manufactured by a company that cares about me as a consumer. I’ll use Simon Says as an example here because they fit perfectly in my consideration process.
If it’s a current, normal Simon product, then I will not buy from China, BUT if it’s a STAMPTEMBER product, then absolutely YES, I’ll buy from China. The difference? Simon Says has proven to us that they do not care about us as loyal patrons by repeatedly engaging in these ridiculous STAMPTEMBER tactics. They…on purpose…manufacture a very limited number of each collaboration and then if you miss it, they basically say “too bad so sad, sucks to be you.”
I’ve decided to limit my purchasing from many of the companies that collaborate for this ridiculous event because there is no business sense in it. Why bust your butt to try and design the most coveted stamp & die set of the year only to produce a very small number? That is the dumbest thing I’ve ever heard and one of the worst business decisions.
Simon Says lets people swoop in and buy up dozens of the most popular collaborations while knowing full well that these people will jack up the price and sell them on eBay for 5 or 6 times the cost of the set. The 2020 Gina K STAMPTEMBER collab and the 2015 Lawn Fawn Christmouse collab are perfect examples of this. I’ve seen the Lawn Fawn set sell for over $300 USD on eBay more than once and for over $200 USD at least a dozen times over the years. The new Gina K set has sold several times for over $200 USD in the last 2 months. Simon Says is aware of this and to me that means that Simon Says doesn’t care about us as loyal consumers.
Simon Says has calculatedly created a greater demand than supply of their own freaking products that then forces us to be victims of price gouging or go without. That has to be one of the dumbest business decisions ever made. Heidi may be a nice person…no idea…never met her, but she obviously does not reward loyalty or care about protecting her consumer base.
So for that reason, when it comes to STAMPTEMBER products, YES, I will gladly purchase from China. If Simon Says ever decides to give a crap about us, then I’ll buy STAMPTEMBER products from them instead of China.
I thought I was the only one bothered by this fiasco that goes on every September until I joined a Facebook paper-craft group where this was the topic of huge frustration. I was ecstatic and relieved to see that over 3 dozen other crafters were openly telling me my own thoughts on this. We all said that we were no longer going to purchase STAMPTEMBER products from Simon Says unless they stopped violating us because through their malevolent business practices, Simon Says is actually pushing people to seek out alternatives such as Chinese sellers. What that does is hurt the industry overall because if you make people feel like they have to go to AliExpress to get your STAMPTEMBER stuff, many will stay there and get as many knock offs as possible for cheap. Simon Says has actually caused people to seek out these alternatives and many won’t come back and pay for legitimate products now that they know they can get 4 stamp & die sets for the cost of 1 legitimately made set. I don’t do that but I can tell you that it’s happening and the other rampant theft of intellectual property and violation of copyright has been caused by the business practices of Simon Says.
You may agree with me or you may disagree and I fully recognise that many may feel that my reasoning is hurting the industry but I would argue that it is Simon Says that is creating a desire for items and then denying them to people. I look at it like this – if Simon Says does not want to take my money for their own product collabs for an event that they created and trademarked then they should not care from where I get it.
@Laurie Foster – Did you intend to say My Sweet Petunia in your first sentence, because you only talk about the multiple stamping device? As far as I know My Favorite Things only goes after companies that make counterfeit / knockoff products.
I agree! I’m really mad at sizzix for their suits and I’m avoiding them , as well as the over priced misti. Shame on all of those greedy people. Ellison has a huge commercial market, I have used them at our public schools for many years, so don’t kid yourself they are not hurting. I’ve been in this craft personally for 36 + months and I think I’m sorry I got into it, it gave me a temporary distraction while losing my Mother. I thought it would be a positive outlet , apparently I was wrong it’s also diseased as well. I’m so sad to hear of the ugliness going on, in the end what goes around comes around.
Laurie Foster I would love to join you on your soapbox!! First and foremost I am a person of faith and I am appalled at the behavior of the MISTI creator (I refuse to use the term inventor) . To claim to be an individual of faith, put a Bible verse on your product and then behave in the way she has is in my opinion- despicable. Secondly, I would not buy any products either. I totally respect creating a product with a hing, but that doesn’t rule out EVERY DEVICE created that is a stamp positioner . (I will not take 2 pages to elaborate!) Her rationale is not consistant with the crafting world! How many die cut machines are on the market? Basic concept-steel roller to compress a make dies to cut out materials. YOU CAN’T LIMIT A PRODUCE TO A SINGLE CONCEPT-ie. a HINGE!!?? End of rant
I was just saying this in another forum! I don’t understand why it’s only with this stupid stamping platform that someone is able to stop other companies from selling anything remotely like it! The tim holtz and the stampin up platforms both had many different aspects from the MISTI so I don’t understand how My sweet petunia keeps winning these law suits! Like if the world worked that way then we would only have one option in every category. One die cut machine, one type of ink pad, one type of mascara, one type of washing machine etc etc… it boggles my mind. People improving on other people’s designs is how we get better products! If no one is allowed to try and improve on another design, then we’d just be stuck stagnant with one mediocre product in every category. But she keeps winning and getting them to have to stop selling these products so I just don’t understand.
I bought a MISTI. Then I bought the Tim Holtz stamping platform. Then I bought the Stamperatus made by Stampin’ Up! They are all very different. The MISTI is great and is a good platform but it is “closed” on all four sides. The Tim Holtz one is open on two sides so if the project is bigger than the inside the platform can still be used. And if you have an acrylic of polymer stamp, then you flip the lid for better image stamping. The MISTI does NOT do that. The Stamperatus also has two open sides. But it also has a hinge that can be moved and restamped four times so you can create a image of movement. This is very different from the MISTI. There was another stamping platform that I also bought that was not magnetized. There was a stamping platform long before the MISTI was created. It had a glass top and sponge “hinges” on all four corners and it would do the same thing as the MISTI. The concept of the MISTI with the platform on the top is NOT new to the MISTI. I am glad that Stampin’ Up! is counter suing. Since I have owned all of the above, each stamping platform has it own benefits and each one is different than the others on the market. When I moved to a small apartment in a senior living facility, I needed to downsize. I sold every stamping platform I owned except for my Stamperatus. In my opinion, it was the absolute best on the market. I am not interested in the new “The Better Press.” I still think the Stamperatus is still the best. I hope Stampin’ Up! wins their counter lawsuit. The Stamperatus is the best. And I use mine for nearly every card I make.
Excellent! Well said! I stand with you as well! My “not so sweet” petunia can go take a hike..
After reading about these lawsuits I feel the only impact I can have is to NOT purchase from the companies instigating these money draining lawsuits. A fair settlement can almost Always be negotiated! As a former paralegal I can probably guess correctly that the parent companies filing suits are going after the deeper pocketed (i.e. those with the highest insurance coverages) more well known mom & pop companies who do their best to serve the crafting community with the highest quality products they can. These smaller companies run themselves ragged to come up with new products presented in ways that appeal to today’s consumers. SHAME on the instigators who CHOOSE not to play well in the sandbox! There is no limit to the room for creativity in this world. Bullies will always be bullies, sadly…
Very well said! The law suits make these companies look greedy. There is plenty of business to go around for all these companies. I think the owner of the MISTY tool wants 100% of the market share. How boring would our crafting world be if we only had one paper company to buy papers from? The only thing I have control over is what products I choose to purchase. Wonder if any of the companies ever pay attention to our comments?
AH, not to split hairs, but MSP and Tonic did settle, as do most parties in lawsuits. But am I disgusted with MSP’s behavior, including going after crafters who were showing simple, homemade platforms? You bet. BTW, I bought my first Tim platform from the UK, and did I get an earful by the shop owner about how she would never, ever do business with MSP, who apparently attacked one of her employees for showing a handmade platform on line. She also told me that if Misti’s arrived damage, she would not reimburse the shop owner or replace the damaged items. Now maybe that’s changed – that was a while back, who knows.
And now the new Misti has features like the Tim Holtz/Tonic platform had – metal hinges and a lip on the lid. Then again, I heard a rumor that Tonic is manufacturing the Misti’s now – but it’s ONLY A RUMOR! lol
Well said, AH !
Does anyone know, can you use the stampin up embossing folders and dies with the cricut cuttlebug?
Thank you,
Sarah
Yes, the Stampin Up dies and embossing folders are compatible with the Cuddlebug. Stampin Up has very high quality dies and embossing folders.
Stampin Up is now manufacturing their dies in China, and the ones I’ve bought have not been any better quality than Chinese knockoffs. Every set I’ve bought has had at least one die that doesn’t cut, or is so flimsy it bends out of shape. Stamping Up quality has gone downhill and their prices have increased. Stampin Up pays their demonstrators, so prices are higher than compatible products.
Yes you can!
I feel like I should bundle up all my Sizzix dies and send them to Sizzix. Obviously they need the money they will make reselling them. Seriously if they are the only company allowed to make that kind of die and stamps that work with them, then that is quite a monopoly. Other companies might as well pack up and go home. I understand patents and inventions etc but this has become an industry standard and frankly I don’t like Sizzix dies
Thumbs up Denise Bennett! 👍👍👍
Shame, shame on Sizzix!! They don’t play nicely. First they produced the merchandise that they are now suing the companies for. Are you that hard up in some way that you’re causing pain on the 5 companies you’re suing? You should have stopped production before it started if you thought you had a suit against thee companies. You’re just worried that these companies are all doing well despite any legal action you’ve taken against them. Look back on yourself and see the shame you have caused to your company.
So many of the once purchasers of Sizzix products have stopped buying your products because of your legal actions against these 5 companies. You no longer have the best quality of dies and stamps and the other products you market. You now have great competitors that you’re obviously afraid of. Your stepping further and further into a pile of crap. Stop this nonsense and come to your senses and apology BIG TIME to those competitors for the aggravation you have caused their companies financially and more importantly personally. Better yet your company should be held accountable by the courts for all monies these companies have spent in lawyers fees, etc for your ridiculous law suit.
Sizzix, you were once on top and your competition has surpassed you and you seem to be running scared. Big box companies are not buying your products like they used to. I shop in the ones in Central Florida and the shelves are empty where Sizzix products use to be. Mmmm could that be because we no longer want to buy your products because you’re suing your competitors? I’ve had no problem replacing your products from several of the companies your suing!!
A Very Angry Card Maker!!
This is a super late comment, but I agree. The only times I like Sizzix designs are when they’re from guest designers. They’re in house designers are, frankly, way too dated for an industry that constantly evolves.
Honestly this suit was embarrassing.
There are hundreds of shampoos, photo paper, plastic cutlery, etc. Companies have copied off of others forever. That’s why there is no longer one phone company. There are enough consumers to buy from all the companies, sad this is happening.
I find it interesting we get called upon by mom & pop businesses to buy from them to keep them in business, which I totally agree with. BUT most of these places order from China or have their products manufactured in China but charge the consumer many, many times over what their cost is. Profit is good, greed is not. I have always purchased from big box stores & unique online products from small businesses. However I am tired of OVER spending on products when not called for simply because mom & pop want a bigger house or boat or whatever. Yes, I know many mom & pop places struggle to stay in business. I have been self-employed since 1980, I am all too familiar with ups & downs. Unless people start to charge a fair price then things will not really change. Unfortunately the definition of ‘fair’ can always be argued. I don’t see that much will change in my lifetime. So when I feel something is a fair price I will buy it no matter where in the world it comes from. Getting off my soapbox now…thanks for reading.
I totally agree. I would love to support mom & pops over the big box stores, but when I know for certain they are getting their stuff from the same places yet charge twice as much, I will choose the lower price every time.
I am also sick of people claiming to be a mom & pop shop when in fact they are just another drop ship company trying to make a lazy buck hoping others are as lazy as them and won’t shop around. In my mind, true mom & pop shops are owned by people who have their own ideas, inventions, passions, etc. and who are working hard to get their product out on the market, who keep in mind the big picture that includes everyone and not just their own profits.
Agreed! And the other thing that frosts my behind is when the mom & pop company manufactures in China to keep costs low and DO NOT extend that cost savings to the customer! The MISTI costs $60 (the new black one is $70 on Hero Arts, not sure how new color justifies $10 increase) and is made in China where the TH Tonic platform was half that price and honestly a better made product imo. She sued the pants off of Tonic and forced them to quit selling it in North America, essentially creating a monopoly for her product (which is basically extortion), you would think she could lower the price now that she has no competitors, but nope. Keeping it all for herself, which is why I refuse to buy her product or any that are affiliated with her company.
Bravo!!!!! And she didn’t even come up with the original concept! I refuse to buy her product. When I found out about the outcome of the suit, I bought an extra set of the Tonic platforms and gave them to newbie card makers. If I could affordably import them, I’d do it over and over. I don’t want money. I want the Tonic product in people’s hands simply on principle.
Completely agree with you point of view!
How can sizzix sue Stephanie when she was working for them?
I was wondering the same thing. 🙂
Wouldn’t it be nice if we could all just get along? LOL I gotta admit, for newbies, like me, all these changes wreak havoc on the learning process, not to mention the shopping process.
So I for one, appreciate articles like these…you sure cleared up a bunch of questions for me. I can’t afford to become a full-pledged member as of yet, but I am so glad I found your site. Thank you!
Things made in the USA cost more because, not of greed, well, maybe, because, guess what? The workers want a liveable, higher wage than the workers in China. It isn’t actually about greed, it is about wages, maybe it is greed, the worker wants $15 an hour instead of $1.00. That’s so greedy.
The context I’m using the word greed pertains to companies using “supply and demand” pricing. The current pandemic is a great illustration. Wanted to by hand sanitizer, locally owned grocery store is currently selling a sample sized bottle for $5.99. That is the epitome of greed in my dictionary. Whenever a craft product becomes popular It gets bought out. Then You can find it on eBay anywhere from twice to ten times the normal price. I don’t begrudge anyone trying to make a living but it infuriates me when I see that type of greed. And yes I know everyone has a choice with buying or passing on the item.
My feeling about Miss Petunia’s company is she is extremely GREEDY. The woman had a tool patented that wasn’t her original idea and continues to sue every company with a stamping tool. The only thing that would change my mind even the tiniest bit is if she donated the money made from suing to assist artists in need or art programs for school children. But the bottomline is she has no business suing companies in the first place.
This is just my humble opinion. Everyone has their own opinion and it certainly doesn’t have to agree with mine.
Thank you for your website. I really enjoy being able to read what is going on in the craft industry.
Elizaeth,
It looks like you missed the whole point of what people were saying.
No. Not all all.
I just read about Sizzix suing other companies on another website a few hours ago, but my comment was slightly misinformed. I hadn’t realised this had been going on for so long. I own and like many Sizzix products. But quite frankly at the moment I’m sorry I ever got into cardmaking
The industry has gone mad and is cutting off their nose to spite their face. My first foray into this type of industry saboutage was Iliana Garza (from the inappropriately named My Sweet Petunia) suing Tonic over the Misti/Tim Holtz stamp platform and other hinged stamping platform manufacturers. How that was ever upheld in a court is beyond me. I wouldn’t use a Misti if you gave it to me. It’s like suing a company for manufacturing a guillotine because your company makes one.
I live in Australia and I can’t get coupons or even buy from warehouse/clearance sites. So for me to buy Sizzix, Heartfelt, Avery Elle, MFT, Hero Arts and many other brands’ dies/stamps is exorbitantly expensive, eg. A $US30 – 40 die (which is way too dear anyway) costs me $60-80 plus $20-40 shipping. $Aus100+ just to cut out a card plus I have to buy cardstock, ink, additional decorative dies/stamps etc. is ridiculous. So for now I’ll just use what I’ve got or buy from UK manufacturers where the exchange rate is slightly less and I get free shipping.
It is outrageous that there are so many crafting companies suing each other. Wake up corporate America, all you’re doing is turning away your customer base. Did you not learn from Toys r us who sued everyone who used ‘r us’ in their name, even if they had been using that for years before Toys r Us. They went out of business in 2018 and closed down 70 plus stores in US.
P.S. I may becoming cynical but I question MFTs tactics too. I’ve watched many You Tube cardmaking sites for years, most of which show how to use a particular manufacturer’s die or stamp set. There are a few presenters that showed how to make interactive cards, in particular, by cutting your own template/pieces but most of those presenters have now been contracted to MFT – so now they only show how to use that company’s products.
Stop suing one another and compete on price, quality and innovative products. This nastiness just turns customers away, not just from your company, but the industry itself. Let your customers choose products based on their personal choice and budget, not because you have a monopoly.
Perhaps a better understanding of just how things work would make a difference in your perspective. Companies (in many industries) must resort to filing suit to enforce their rights in a patent, trademark or copyright when other companies infringe on those rights.
Let’s say you invent something and it has taken you a long time, and lots of “sweat equity” as well as financial investment to bring your investment to market, and you apply for and receive a patent for your invention. You now have the exclusive right to sell that product. You want to recoup what it cost to create and market it and you want to make a profit on future sales. After all, this is a business. And your invention really takes off and becomes quite popular and well-known in the industry. Other companies come along and either create an identical product to yours or take your patented design and put their own twist on it, capitalizing on your hard work and substantial investment, and begin offering their item for sale. Their sales take away from your own company’s sales. You, by the way, are required to “police” and “enforce” your patent or trademark lest you render it useless. There is really way too much to explain here, but the reality is that it isn’t a matter of these companies just getting along and sharing each other’ products. It doesn’t (and shouldn’t) work that way.
So, MSP suing Tonic Studios over the Tim Holtz stamping platform? I saw that coming the minute the Tonic product hit the shelves. The settlement of that lawsuit, in which Tonic apparently agreed to no longer sell its product in the U.S., told me everything I needed to know. And MSP also suing Stampin Up! over its Stamparatus? I saw that one coming, too.
What I did’t see coming was Ellison being granted a patent on something that had a multitude of “prior art” on the market which should have precluded said granting, and then sitting on that granted patent for three years and then springing lawsuits on 5 companies. I my humble opinion, that was just wrong, and I suspect Ellison knew it. The companies it sued did not deserve to be sued. And it cost them all dearly to defend those lawsuits. Many consumers have boycotted Ellison’s Sizzix products as a result, and I have done so as well.
I fully support any company who rightfully patents an invention that is its own (MSP – regardless of whether I like it’s owner’s personality traits), and then must file suit against infringers, but I do not support any company who obtains a patent for something it didn’t really invent (so there’s a patent examiner out there somewhere who was asleep at the switch) and perhaps even defrauds the PTO by submitting a patent application containing false statements (it happens).
It’s always easy to have an opinion based on how we think things should be without being fully informed about how things really work.
I hope this helps in some small way. Papercrafting is a wonderful industry with some truly amazing people and companies. To paint them all with the same brush is doing them a great disservice.
Deb,
In my opinion we all should take a look at the pharmaceutical industry. The company’s drug that hits the market first gets the patent for example. This company is allowed to sell their name brand drug for 5-7 years. After that time other drug companies can release a generic of the original drug.
Some of the patents in the craft industry are like people trying to say they invented the circle. It’s completely ridiculous. I have zero respect for My Sweet Patunia and another well known blogger/crafter who shall remain nameless so i dont get sued. The blogger patented a process that clearly wasn’t her original idea. She took an existing process tweeked it and ran to the patent office. After this person was granted the patent she started suing individuals and companies. This person recorded a video threatening lawsuits if people didn’t buy the professional license. Everything is motivated by money and greed. It is absolutely disgusting. I feel just like the crafter from Australia, some days I regret getting into crafting. should have stuck with fine arts.
Your perspective in my opinion is spot on! Greed plays a factor as well. Thank you for taking the time to share your opinion!
Deb, Please disregard my comment. It was posted under your comment in error.
Anna Co,
Your perspective in my opinion is spot on! Greed plays a factor as well. Thank you for taking the time to share your opinion! I completely agree with your point of view.
Laurie
I think MSP has been very unfairly criticized. She legally applied for and was granted a patent in the US. She did not apply for a patent in the UK and so other companies are within their right to produce stamp platforms in other countries. Iliana completely changed stamping and produced a product that most stampers use all the time. Love her or hate her, she had a legal right to her patent, and I get angry with stampers that can’t accept that she has the legal right to her product. I wish people would be fair about the Misti.
I will be watching the lawsuits Sissix has launched. Spellbinders tried to get a patent for thin dies, and were not able to. I don’t think Sissix can win and I hope they can’t. It will really harm the whole paper crafting industry if they win their suits.
I have a “stamp-o-graph” platform that was created way before and this is not their idea. Crappy to cut out others and act like they came up with anything original…https://www.pinterest.com/pin/159666749264808094/?nic_v2=1a3n5mgY4
My issue with the MSP lady is her little stamp platform was not her original idea/concept etc. yet she has the audacity to sue companies with a superior product released with a significant lower price point. In my opinion she felt threatened and feared it would impact her financial bottomline. Crafters spend a ton of money annually and that isn’t going to change any time soon. There is enough money to go around . We can thank her for opening the door on this spitting contest. It’s despicable.
I don’t believe it’s ethical to patent a product that isn’t your original design, etc. Just because she was given a patent doesn’t mean she deserved it. It shows me someone didn’t do their due diligence.
It appears that the owner of MSP wants to create a monopoly for her product even though the other stamping platforms are very different in shape (hers is a rectangle and the others are square) and In many cases are different in how they function. This makes me very sad. It appears that she is basing her law suit on the fact that the various platforms use a magnet, has a hinge, and has at least one rigid raised side. There were other stamping platforms before the MISTI – I owned one.
Patty,
Sorry you can be mad if you want but Iliana is in no way “unfairly criticised.” She has earned every ounce of criticism she has gotten and then some. Have you seen her terrible bullying behavior online? If not, let us know and I’m quite sure someone will provide you with a link. She absolutely did not invent anything. She was wrongly granted a patent for an idea that was already being utilized in crafting and stamping. I sincerely hope Stampin Up is able to get some justice by introducing evidence of prior existence of these products which predate her even filing for a patent.
Sorry Patty, but it is my belief and that of many others, that if you are here advocating for Iliana, then you haven’t seen all of the evidence of her lack of creativity or her atrocious behavior. She did not “create” anything other than the name. The hinged apparatus for stamping was already around.
Most, if not all, of the 5 lawsuits Sizzix filed have settled. Unless they filed new ones against additional companies, I think they are finished fighting for now.
I’m curious how can sizzix sue Stephanie when she worked for them? Seems odd.
Mary, since you’ve asked this twice, I’ll go ahead and answer it for you. First of all, anyone can sue anyone. Whether the lawsuit survives the initial days and challenges by defendants is another matter. Second, working for a company does not render one immune from being sued by that company. In this case, however, Ellison was not suing someone who “worked for them.” Stephanie had contracts with Ellison as a designer; she was not Ellison’s employee. Stephanie’s company is a separate entity and she has her own business (which is absolutely thriving right now, by the way).
Well l am hazarding a guess that as of Nov 2020, SU is not in a strong position. There’s been a judgment to dismiss one of their defense claims, and followed by orders being sealed by the courts. So what might happen next after 2 years? Can’t be good. (My opinion only)
I am curious as to the outcome of the IPR Petition that SU filed at the PTAB. It must not have been granted because the USDC lawsuit was stayed pending its outcome. So, if the district court has now made some rulings, I’m guessing SU was unsuccessful in its quest to have MSP’s patent invalidated and the stay has been lifted. I’m going to check it out.
I have a question…does anyone know if replacement parts can be bought for the Big Shot machine?? I am in need of the part that keeps the handle attached to the machine. If anyone knows where I can get the part, I welcome their comments. Thank you!
Contact Sizzix for information. They don’t sell replacement parts but I have heard that some crafters have received parts for their Big Shot machines.