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Archive | December, 2010

Stay Issued in Spellbinders-QuicKutz Lawsuit

The judge assigned to the lawsuit that Spellbinders has filed against the entity that used to be QuicKutz has issued a stay in the case, pending the outcome of the ’634 patent reexam that is currently underway at the U.S PTO. Since the ’634 patent is the patent that Spellbinders is suing Quickutz for allegedly violating, invalidating the patent in the reexam would remove the grounds for the lawsuit.

The stay ceases activity in the case until the patent reexam is completed. The attorneys for the two sides had been engaged in the pre-trial discovery process, which was scheduled to last into summer 2011.

On October 22nd, the U.S. Patent & Trademark Office ruled in a non-final reexam against Spellbinders‘ basis for holding the patent on all 47 of the company’s original claims. The company has two months from the date of that ruling to file a response to the arguments against their 47 claims, or presenting new claims supporting the patent.

The judge’s stated basis for issuing the stay was, in part, that he presumes (based on the total rejection of the claims supporting the patent’s granting in the non-final ruling) that at least some of the claims supporting the ownership of the patent will be rejected, which he says will simplify the case.

The QuicKutz trademark is now owned by Lifestyle Crafts, who is not party to the suit filed by Spellbinders. The entity that is the target of the lawsuit is now called QK 2015, since the QuicKutz trademark was sold to Lifestyle Crafts.

QK 2015 president Eric Ruff issued this statement to Scrapbook Update about this latest ruling in the case:

I’m pleased with the judge’s decision to stay this litigation.  This helps stop the needless bleeding and harm that this lawsuit caused QuicKutz.  And I’m glad that, in rejecting all the Spellbinders claims, the Patent Office has validated our position.  I only wish we could have reached this point a long time ago.

A representative for Spellbinders told Scrapbook Update that the company has no comment on the latest development in the case.

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Paperclipping Roundtable #49: All Twelve Months

OK…next week Paperclipping Roundtable turns the big 5-0! Want to know how you can take part in our celebratory show?

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Please call that number and leave us a voicemail, so our listeners can be part of the show next week! Thanks!

Now, back to this week’s Roundtable…

We had Stacy Julian and Becky Higgins on to talk about the trend in the industry towards simplifying the way we scrap our photos, and the increasing trendiness of products like Project Life.

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The Panel

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Picks of the Week

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Momenta Files Bankruptcy

Momenta, Inc., formerly known as American Traditional Designs, filed for Chapter 11 bankruptcy reorganization on October 23rd. The company will continue to operate while it goes through bankruptcy reorganization.

The company’s Board of Directors voted at a special meeting on October 22nd to authorize the filing. The New Hampshire-based company states in court filings that it has $2.8 million in assets, and $4.6 million in liabilities. In 2009, Momenta had $5.75 million in sales, down from $7.5 million in 2008. According to court filings, the company’s 20 largest unsecured creditors consist mostly of Asian suppliers and shipping companies. It also owes significant debts to its warehouse services provider. In the past year, Momenta has been party to four lawsuits regarding unpaid bills. The deadline for creditors to file claims with the court is Feb. 22nd, 2011.

Momenta is one of Northwood, New Hampshire’s largest employers, with 19 employees in their offices there. The company was founded in 1979, and originally focused on brass stencil products. In recent years the company focused on the scrapbooking market, changing their name from American Traditional Designs, the name they were known for marketing stencils under, to Momenta, and marketing products under the names ATD and Complements. The changes are credited by the company with leading to a 500% sales increase over a five-year period.

Court filings blame the company’s current financial problems on a combination of factors, including the loss of a large Walmart contract and increasing warehouse costs.

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Family Tag Feud: Day 10

We are back at it after a weekend break in the feud to do (what else) a weekend getaway at DisneyWorld! No one does the holidays like Disney, so it really helped us get in the holiday spirit…although we could have lived without Mother Nature’s added “special effect” of the North Pole-like temperatures.

One of today’s tags even includes a family picture taken last month on our first visit to see this year’s decorations at the Magic Kingdom! (Christmas starts in early November at the parks, just like at the mall.)

I hope that you are ready to start voting again…because we’re hoping we made it hard to choose today again!

Tag #1:

Supplies:

Tim Holtz Distress Embossing Ink
Tim Holtz Distress Powder in Pine Needles
Tim Holtz Distress Ink in Vintage Photo
ColorBox Pigment Ink in Chianti
Stamp-A-Mania Pine Tree Stamp
Recollections Clear Stamp (Celebrate)
Recollections Adhesive Rhinestones
Tim Holtz Distress Crackle Paint in Picket Fence
Martha Stewart Crafts Glitter in Crystal Fine & Smokey Quartz
Celebrate It Christmas Bells 1.3 inch (by Michaels)
Ranger Stickles in Frosted Lace
K & Company Brenda Walton Adhesive Chipboard Evergreen
Hobby Lobby Natural Jute

Tag #2:

Supplies:

Ranger Inkssentials #8 Manila Tag
Chartpak Inkjet Adhesive Matte 8.5×11
Tim Holtz Distress Ink in Weathered Wood, Stormy Sky, Tumbled Glass, Faded Jeans, Pine Needles, Fired Brick, and Black Soot
Ranger Super Fine Detail Embossing Powder (Clear)
Studio AE for Technique Tuesday Clear Stamps (Good Cheer & December Daily)
Offray My Moments Satin Flowers
Hobby Lobby Natural Jute

So…can you decide between today’s tags?

[poll id="12"]

Disclosure

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Family Tag Feud: Day 9

Day 8′s vote so far officially leaves the battle tied at 4 each…so every vote counts! The trash talk here has escalated to distraction tactics (honey, it’s your turn to read the bedtime story tonight…I’ll just be here tagging). Yes, it’s take-no-prisoners.

Please note that we will be taking Saturday and Sunday off from the feud, but we’ll be back to start posting the last few tags starting on Monday!

So, here’s the Day 9 tags…

Tag #1:

The use of the stamping and Rock Candy on the bird die cut was inspired by Tim Holtz’s Day #3 tag.

Supplies:

#8 White Tag
Tim Holtz Distress Ink in Black Soot, Tea Dye, Faded Jeans, Tumbled Glass, Frayed Burlap, and Fired Brick
Ranger Mini Mister
Tim Holtz Alterations for Sizzix Die (Caged Bird)
Tim Holtz Idea-ology Grunge Paper
Stampendous “Music Score” wood-mounted rubber stamp
Ranger Stickles Glitter Glue (Frosted Lace)
Adirondack Acrylic Paint Dabber (Snow White)
K & Company Rub-Ons (Susan Winget Glad Tidings)
Hampton Art Wood Mounted Rubber Stamp (Twas The Night Background)
Making Memories Alphabet Stickers (Cheeky Shimmer)
Tim Holtz Distress Stickles (Rock Candy)

Tag #2:

Supplies:

Tim Holtz Distress Ink in Aged Mahogany, Tattered Rose, Faded Jeans, Worn Lipstick and Antique Linen
Tim Holtz Distress Embossing Ink
Stampin’ Up! Winter White Embossing Powder
Stampin’ Stuff Jeweled Gold Embossing Powder
Prima Marketing Mulberry Paper Flowers
Brad (unknown)
Recollections Adhesive Rhinestones
Buttons (unknown)
Martha Stewart Crafts baker’s twine
Bells (unknown)
Recollections Clear Stamps (Christmas Collage)
Stampin Up! Stamp Set (Snowflake)
Northwoods Rubber Stamp (CC7746 Snowflake)
K & Company Brenda Walton Santa Grand Adhesions
K & Company Brenda Walton Evergreen Icon Adhesive Chip Board
Ranger Stickles in Diamond
Tim Holtz Distress Stickles in Worn Lipstick

So…it’s time to break the tie…

[poll id="11"]

Disclosure

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Collage Press Stops Manufacturing Products

Providing a sneak look at  some CHA Winter 2011 buzz, Collage Press has announced that the company is stopping manufacturing and distributing its own products. Instead, the company’s owner will produce designs through the renamed Collage Press Studio that will be licensed for production by others.

The decision was attributed on the company’s blog to the owner’s desire to spend more time with her two (soon to be three) young children.

The first Collage Press Studio collection, called Hometown Summer, will be produced by Pink Paislee and will debut at CHA Winter 2o11. This won’t be Pink Paislee’s first venture into licensed collections – the company debuted a very successful licensed collection from House of 3 at CHA Summer 2010.

To clear out their inventory, Collage Press has been offering their products to wholesale customers at a 30% discount via their website.

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