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Tonic Settles With My Sweet Petunia over Stamp Platform

In a joint statement issued today, Tonic Studios and My Sweet Petunia announced that they have settled their year-old litigation over whether the Tim Holtz stamp platform infringed on the patent for My Sweet Petunia’s MISTI tool.

MISTI stamping tool

Under the agreement with My Sweet Petunia, Tonic Studios will stop selling both sizes of the Tim Holtz stamp platform in the U.S., Canada, North America and South America. Sales of accessories for the platforms will also end in those markets. The Tim Holtz stamp platform will continue to be available in other areas such as Europe and Asia.

The announcement also refers to “a larger agreement that anticipates an ongoing business relationship between the two companies” and says the companies “look forward to working together”.

For those still wishing to pick up a Tim Holtz stamp platform in the United States before they disappear, you can still find them here [affiliate links]: Amazon, A Cherry On Top, Scrapbook.com, Simon Says Stamp

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48 Responses to Tonic Settles With My Sweet Petunia over Stamp Platform

  1. Laura July 19, 2018 at 5:57 pm #

    Is she going to (or has already) going after Stampin up too?

    • Jayme July 25, 2018 at 12:08 am #

      Stampin’ Up’s Stamparatus is different enough to not infringe on the patent. Thats like Ford suing other car companies for creating more cars.

  2. Laura Strickland July 19, 2018 at 5:58 pm #

    Is she going after Stampin Up? Or has she already?

  3. Rhonda Jafri July 19, 2018 at 11:32 pm #

    Only crafters lose when such things happen. Finally, an affordable platform came to market that was much easier to use for some stampers. Now, that has stopped. Maybe she will try to sue Stampin Up since they also have a stamp positioner. Just sad.

  4. stampinggranny1 July 19, 2018 at 11:58 pm #

    Tim’s was made so much better than the overpriced cheap thin plastic pink tool.Will be sad to see his not be sold anymore.I was in the fence in buying the Tim travel version..now I am off to Amazon to buy it.

    • speedcatbeth July 25, 2018 at 1:34 am #

      As soon as I heard about this, and that there was a travel size, I bought it too, along with extra magnets. I will never buy a MISTI nor will I go to her site. Tim Holtz always does things better.

  5. Lue Perce July 20, 2018 at 1:38 am #

    You can’t just infringe on other peoples patents. Maybe his was better, I don’t know, but you can’t just go ahead and do what you feel like doing without researching.

    • Marge Kaufmann July 26, 2018 at 2:19 pm #

      I agree I have a stamperatus and a misti both are great. I won’t buy a Tim Holtz just for the fact that they did infringe.

  6. Tracey July 20, 2018 at 2:41 am #

    What a load of rubbishy, there are lots more on the market closer to the Misti than the tonic one

  7. Katie B July 20, 2018 at 2:50 am #

    Thankfully, I already purchased both the full and travel size stamp platform by Tim Holtz for Tonic. The Funkie Junkie Boutique also still has a few of each for sale, along with the protective sleeves. I’m glad it could be settled amicably.

  8. Rhonda July 20, 2018 at 4:08 am #

    So very disappointed in TH. He’s lost one fan.

    • Lisa Miller July 21, 2018 at 1:49 pm #

      Not sure why you are disappointed in Tim. He did not build the stamp platform. A number of companies came out with better made, more reasonably priced stamping platforms. This one had enough differences than the MISTI to have not trigger a lawsuit first time around. Guess she will go after We R Memory Keepers, next. 🙁

    • speedcatbeth July 25, 2018 at 1:36 am #

      Why! He designed a better tool, and I am sure he did not feel he was copying anything. I am a die hard TH fan.

  9. Rhonda M Yates July 20, 2018 at 4:13 am #

    Good result.

  10. Melissa July 20, 2018 at 5:29 am #

    The Tonic stamp platform is a better design, sturdier and does not have religious crap slapped on it.

  11. karen July 20, 2018 at 5:55 am #

    Like i said on the Tonic fb page, my misti is in mothballs. I fought with it from the first use; it just does a lousy job compared to the Tim Holtz/Tonic platform AT HALF THE COST.

  12. Kel Habicht July 20, 2018 at 6:41 am #

    dag sounds like a cease and desist.

  13. Lercy Rubin July 20, 2018 at 7:55 am #

    I have been happily using the Tonic Stamp Platform since I disposed of my MISTI ages ago. Was going to get the Travel Size platform for my birthday, but as soon as I saw this announcement, I ordered it along with the sleeve. Should I ever need a replacement, I will order it from Europe.

  14. creatingincolors July 20, 2018 at 8:31 am #

    I’m looking forward to hearing more about the larger agreement and the ongoing business relationship between the two companies. That sounds like good news! I like to stay positive and look at the bright side.

    • Trish July 20, 2018 at 11:55 am #

      Yes, that is positive & I agree! Maybe the two companies are going to team up and create something better than both products!!!

    • speedcatbeth July 25, 2018 at 1:38 am #

      Yeah, for her. TH is a much bigger name. Better products.

  15. Ohhh Snap July 20, 2018 at 10:44 am #

    They are not the same. The misti doesn’t have open sides, doesn’t have a detachable top, It also costs the earth and is dainty AF, what with the special cleaners required to keep it from cracking. I have the big ass size, it is cumbersome. WTF.

  16. Trish Gutusket July 20, 2018 at 11:52 am #

    What ever happened to free yrade? Thought the US stood again monopoly s. Seems like now more and more people are being greedy and wanting it all to them seleves. So now is MSP going after Stampin Up for their Stamparatus which is NOTHING like any of the other two.

    • R Titus July 21, 2018 at 5:50 pm #

      Free trade does not mean you can steal a design that is patented. If you invented a product and got it patented because it is unique, then no one has the right to copy it, even if it’s not exactly the same. Tonic may be the better product, and MISTI certainly is not known for good customer service, but those aren’t relevant to the issue. The issue is that the MISTI was developed first and got a patent. Tonic should have gone to them and negotiated a contract that allowed the Tonic product to be developed under a license agreement.

      • Cardmaker July 24, 2018 at 2:03 pm #

        Agree

  17. Sesil July 20, 2018 at 11:55 am #

    I was wondering did little petunia have any issues with the Hampton arts stamp tool or was that the for rebranding? Just wondering.

    • Lisa Miller July 21, 2018 at 1:45 pm #

      Hampton Arts was one of the first that had to remove their from the market.

  18. Dee July 20, 2018 at 12:25 pm #

    I just rushed to Amazon and bought my Tim Holtz platform!!! Whew! That was close! Have been wanting one for a while now and this news is terrible. I won a MISTI on a blog hop a while back and then they didn’t send it to me. I had to go round and round to finally get it. I learned through several rounds of correspondence with the company what a terrible company they are to do business with. After the way they treated me and other winners I found out about, I will never do business with them again! And now will they be going after We R Memory Keepers and Hampton Art? They have stamp platforms, too! I was hoping Tonic and those two would take over the market! LOL!

  19. Never buying a MISTI July 20, 2018 at 1:04 pm #

    I’m done with Tonic if they do business with the MISTI owner. She is not someone I ever want to do business with.

  20. Rira July 20, 2018 at 2:53 pm #

    Totally disappointed about this settlement! Lost all respect for Sweet Petunia. How many gazillion cutters are out there? You don’t see Fiskars trying to impede the sales of other companies cutters. Disappointed & disgusted!

  21. Jan Miller July 20, 2018 at 5:27 pm #

    Any issues with the Stampin’ Up stamp platform? I have the Tim Holtz Platforms and would never invest in the way too expensive Misti.

  22. Catherine Thorpe July 20, 2018 at 6:38 pm #

    I am torn. As I fully support small business and have an very small idea of how hard it is to take a great idea and make it successful I understand why My Sweet Petunia wanted to protect their product. No one else came up with anything remotely similar until after they created theirs. On the other hand, the other brands do have features that are different. Tough call for me.

    • Laura Lee July 23, 2018 at 10:44 pm #

      Catherine there is nothing new about the Misti…she took ages old stamp press technology and added a twist. It’s NOT NEW. She just got a patent (when she shouldn’t have). I like the Tonic product and won’t ever spend a dime on Ms. Petunia product.

  23. Gab July 20, 2018 at 8:58 pm #

    Looking forward to hearing more about the future …

  24. Anna Carpenter July 20, 2018 at 10:07 pm #

    I looked at both and went with Tim’s after watching several videos on them. His is far more durable and you can do so much more with it size wise with paper. She had a good idea and yes it was her idea. Tonic should have offered to buy her patent because I honestly can’t see anyone buying the junk version when they could get the better one. So she had to see a dramatic drop in her sales. I feel bad for Tim because he did build a better mousetrap.

    • R Titus July 21, 2018 at 5:52 pm #

      You shouldn’t feel bad for Tim Holtz. Not only has he made a fortune with his crafting products, but he and/or Tonic knowingly copied the basic design of the MISTI that was patented and didn’t offer to buy a license from MISTI to develop another product. There should be no sympathy for a thief, even if he does produce a better product.

      • Jeanene Rasmussen July 24, 2018 at 5:26 pm #

        Do you have some type of insider information that you know whether Tonic contacted the owners of Misti? Tonic made one that is similar not exactly the same. I am sure they felt theirs was different enough to sell and they were right. Tonic outsold the Misti. The quality is better and their customer service is top notch,

        • Nancy Nally July 25, 2018 at 5:14 pm #

          No insider information necessary. The story of what transpired between the companies when the Tonic stamp platform was introduced is in the publicly accessible court filings.

          Plus, it would not have made sense from a legal and financial standpoint for Tonic to offer to license a patent that they claimed didn’t apply to their product.

  25. Lisa Miller July 21, 2018 at 1:49 pm #

    Not sure why you are disappointed in Tim. He did not build the stamp platform. A number of companies came out with better made, more reasonably priced stamping platforms. This one had enough differences than the MISTI to have not trigger a lawsuit first time around. Guess she will go after We R Memory Keepers, next. 🙁

  26. Nancy Nally July 21, 2018 at 9:07 pm #

    A few factual notes to add to the discussion:

    At the time it appears that Tonic, Hampton Art, and several other companies began developing their stamp tools in 2016, My Sweet Petunia had actually already had their patent DENIED. They later reapplied with a revised patent application at a time when other companies already had their tools in production and won the patent that time – a turn of events that I do not think was expected by many people. So from a legal standpoint, when other companies began developing their tool, they believed that the U.S. Patent office had said that was fine. But then the Patent Office later changed its mind. It’s expensive to develop and produce a tool like that. No company in their right mind would have embarked on that process if they thought that they were going to be looking at a patent issue with the product that would result in its being pulled from the market almost immediately after introduction.

    The MSP patent for the MISTI is narrow, extremely specific about the platform’s design. It is not a general patent for the concept of a stamp platform. This is why we are now seeing companies like We R Memory Keepers and Stampin’ Up! able to come to market recently with new platforms. They were able to figure out designs that didn’t violate the very specific description in the patent, but it took time to bring them to market.

  27. Marianne B in AZ July 22, 2018 at 10:38 am #

    Personally, I say this is one for the the “little people” who come up with great ideas and just don’t happen to have the backing of a huge company. I doubt anyone here, including me, has a clear understanding of how patent laws work. It is more complicated than if you liked Tonic’s (with Tim’s name on it), or if you are concerned with something else about the case.

  28. Celia Magro July 24, 2018 at 7:24 am #

    Tonic designed a more durable product and at a better price point. I can’t be the only person who feels MSP is guilty of price gouging. Sizzix prevailed over Spellbinders and it changed the game for everyone. I don’t see the difference. The Tonic product opened options. That’s what competition is about. I resent that MSP is trying to hold the market captive.

    • Marge Kaufmann July 26, 2018 at 2:26 pm #

      No one says you have to buy any one of these. Quit feeling like you have to choice here.

  29. Marge Kaufmann July 26, 2018 at 2:23 pm #

    Everyone has their own opinion and you are not going to change any minds. Get over it already

  30. Dee July 27, 2018 at 7:26 pm #

    I wrote in earlier in this discussion saying that I had just ordered my Tonic platform when I heard this news about it being pulled from the U.S. It just came today and WOW!!!!! I am SO THRILLED with it!!!!! It is so much sturdier and user friendly than the Misti. I am SO HAPPY that I was able to get one before it was too late!!!!!!!! Looking forward to many years of stamping with this Tonic product that is even better than I expected it to be!!!!

  31. Kim Stewart August 5, 2018 at 6:23 pm #

    Why not Hampton Art? Their Stamp Platorm Looks EXACTLY like that other pink one just done in a different color…Why’d she pick TH and Tonic only?

    • Nancy Nally August 5, 2018 at 9:39 pm #

      The MISTI patent is written extremely narrowly. Perhaps the new version of the Hampton Art tool is just enough different to not be covered by the patent.

    • Bon August 10, 2018 at 8:39 pm #

      From what I remember when researching stamping platforms, she did go after Hampton Arts and WRMK for their stamping platforms.That’s why they had to pull them. I know I will never support her in her business because of her attitude and lack of “customer service.”, I prefer good customer service and that a company stand behind their product. I grabbed a WRMK unit before they were required to pull them off. I love it and it makes it easier for me to stamp despite my hands shaking due to essential tremor and not have to have multiple units just to stamp different sizes..

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