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My Sweet Petunia Sues Tonic over Tim Holtz Stamp Press

**Update: This case has been settled. For more information, click here.**

The question of whether competitor products infringe on the patent granted to My Sweet Petunia for its MISTI stamp platform has become a legal battle with the company’s filing of a patent infringement suit against Tonic Studios on April 3rd.

My Sweet Petunia was granted their patent on the MISTI tool on March 21st, after a more than two year application process that saw the patent request initially rejected but then subsequently granted after being revised and reconsidered.

The MISTI was an almost immediate hit when it was launched in 2015. In the interim period between the MISTI going on the market and being granted its patent, several similar looking products entered what appeared at the time to be a new tool market segment. The We R Memory Keepers Stamp Press launched in 2016, and late 2016 saw the announcement of the Hampton Art Stamp Perfect. Then January 2017 brought the announcement of the Tonic Studios Tim Holtz Stamp Platform, intended to be launched in late spring of this year.

Although popular, the MISTI’s premium price point left room for competitors, and the We R and Hampton Art tools quickly gained market share after their launches as more affordable options. The announcement of the Tonic Studios tool was also well received by consumers and the tool’s launch in stores was eagerly anticipated.

After My Sweet Petunia learned they would in fact be granted the MISTI patent, the We R Memory Keepers and Hampton Art tools rapidly disappeared from retail outlets. In a blog entry announcing the issuing of the patent to MISTI fans, My Sweet Petunia owner Iliana Myska wrote of the situation that “I was thankful that two companies accepted my design as unique and graciously withdrew copies from the market.”

This left only the question of whether Tonic Studios’ much-anticipated Tim Holtz Stamping Platform would launch as scheduled or not.

According to court filings made by My Sweet Petunia, Tonic Studios was notified of the impending patent issuance for the MISTI on March 13th. Around the end of the that month, bloggers began to post on social media about receiving shipments of the Tim Holtz Stamp Platform, and post videos and reviews. On April 3rd, My Sweet Petunia filed suit against Tonic Studios for patent infringement in Federal Court in Delaware (where Tonic Studios USA is incorporated). The suit cites the activities of bloggers it names who posted about the Tonic tool (among other activities) as proof of patent infringing activity by Tonic.

On April 12th, shortly after receiving the suit, Tonic Studios issued a statement to its wholesale customers. The statement said that the Stamping Platform product was being delayed due to the MISTI patent being issued and the product being “redesigned” because “we do not want to expose our customers to any legal action from MSP” despite Tonic not considering their product to be infringing. The company said a new product, designated by a new product number as model 1707e, would ship within 6-8 weeks.

Patent litigation frequently is lengthy, and the initial stages of the suit between My Sweet Petunia and Tonic has already generated a lot of motions. My Sweet Petunia has amended its initial complaint once in response to a Tonic response motion, and Tonic has filed a motion requesting a change of venue to the court district near their California headquarters (a move opposed by My Sweet Petunia in its recent response). My Sweet Petunia is requesting a jury trial, a 3x multiplication of awarded damages for what it alleges is willful infringement, and attorney’s fees and expenses.

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128 Responses to My Sweet Petunia Sues Tonic over Tim Holtz Stamp Press

  1. itsmefaith May 31, 2017 at 11:04 pm #

    So Sorry to hear of the continue lawsuits. While I like my Misti, I was looking forward to buying the Tonic Studios version. From the videos I watched, the Tonic Studio Version seem to have some other designs going for it. I have to be educated in understanding these patent issues, because there are so many scoring tools, paper trimmers, bone folders, bow makers, etc. on the market. Help me understand…. Thanks, Faith

    • Jean Heming June 1, 2017 at 12:34 pm #

      Im inthe same boat as you and I even sent sweet petunia a note telling her I have 2 of hers, but I still like you want tims!!!

  2. Jan Scholl June 1, 2017 at 2:08 am #

    Good for Iliana ! I have said this from the very beginning that she was being ripped off. I saw that other companies removed their products from the marketplace when MSP got the patent. But Tim just got nasty and uppity when asked why he didn’t. I guess because he thinks he is above it all. I love some of Tim’s products but this time, he is so wrong and I hope MSP wins and wins big!

    • Jean Heming June 1, 2017 at 12:39 pm #

      what about the free market and how do we get BETTER products if no one is allowed to make anything better!!! I bought 2 mistis !!! why cant I buy Tims too!!! This is ridiculous!! Do you even own a misti???I bet not!!! My medium misti is all crazed at the hinges for no reason I havent dropped it or banged it around, if the lid falls off because of the hinges then what…

      • Jan Scholl June 2, 2017 at 12:39 am #

        Yes-I own a MIsti-in fact 3 of them! I have also given 17 as gifts in the last two years. It’s my go-to crafting gift at the moment.

      • TR June 6, 2017 at 3:43 am #

        I absolutely agree with you. Let the free markey rule. MSP never brought down her price point and “sale” prices were laughable. I had one of the first ones and it was crud. Wobbly, cracked quickly, & had to be cleaned with special cleaner. It definitely didn’t perform like it demo-ed. From the time she came to market, people ALWAYS talked about the high price point. Why did it never come down in price? Because she had a monopoly on the market and no one was snapping at her heels like they have been. Zero competition means higher prices for consumers. I’ve had the Tim Holtz platform on preorder since April and I’ll wait for it til the cows come home. I don’t doubt for one minute that it’ll blow the MISTI out of the water. As the saying goes, all good things come to those who wait. 😉

    • mariojrossi June 1, 2017 at 4:18 pm #

      Jan School please let me know where and when as you say “Tim just got nasty and uppity when asked why he didn’t. I guess because he thinks he is above it all” To the best of my knowledge Tim never did any such thing and I sure don’t understand why you would say this?

      • Jan Scholl June 2, 2017 at 12:42 am #

        Two women I know were at a convention or whatever they are called these days and tried to talk to him about this issue before the lawsuit was even filed and before the copyright was well know. There has been a lot of conversation in craft groups and on blogs and on FB about this issue. I am a big fan of Tim’s products for the most part and have spent at least a thousand dollars on inks, pens and his other accouterments. It’s not like I am trying to “take him down”. I can only relay what I have been privy to.

        • ohkat June 4, 2017 at 3:42 pm #

          “But Tim just got nasty and uppity when asked why he didn’t. I guess because he thinks he is above it all.”

          WOW! Who is the one being nasty.. YOU! When I first read this I thought YOU had this interaction with Tim now you say you HEARD this from someone who supposedly tried to start a conversation. You were not there you do not know the context at all, there was no reason other than to be NASTY for you to include that sentence in your post!

          • Kim Bush June 4, 2017 at 10:21 pm #

            Agreed! Unless you have first hand info, it should not be brought up at all. I sure hate he said/she said stuff. It just makes MSP look worse and worse.

      • Mary Owen June 2, 2017 at 2:19 am #

        I guess I was a little shocked to hear one of the posters say Tim was uppity and nasty. I have seen all kinds of posts and do not rely on “she told so and so, who told so and so” as being the truth. People have many different perceptions of the same conversation. I am looking forward to finally getting Tim’s version as I think the Misti is overpriced and of poorer quality, which I can not compare until I see the Tonic version. Good luck to all involved and hope there is room in the scrapping world for several different versions of this tool like we have with paper cutters, scissors, craft knives, and other tools.

        • Kim Bush June 3, 2017 at 12:15 am #

          I have met Tim Holtz many times so no one can convince me he was nasty and airing dirty laundry during something that is going to court in a public forum. He said, she said is a nasty game and the only one that comes out looking bad is MSP. MSP would do way better to take the high road right or wrong. I wish MSP the best and I hope they have the money and fortitude to fight this battle over the next couple of years.

    • kiarakeni June 7, 2017 at 9:51 pm #

      The MISTI was the first Mass-marketed stamp tool, but not the first invented. This tool was out before the MISIT. For all we know, MSP copied THIS! https://www.youtube.com/watch?v=mcPnEjgAT_g&list=PLqjeA4LzaIiWJ7_xPMnf7BL1BfDwvne56&index=73 I am not trying to be mean, but its wrong to say MSP was the only one to come up with this idea!

  3. Crafter June 1, 2017 at 4:17 am #

    She is ridiculous and I hope Tonic kicks her but in court!

    • Waiting for my Tonic platform June 3, 2017 at 10:56 pm #

      X2 !!

    • Alyssa June 5, 2017 at 10:18 pm #

      I guess the courts will decide who is right.

  4. shalini mittal June 1, 2017 at 4:51 am #

    SUPER DUPER HAPPY FOR ILIANA

  5. dede June 1, 2017 at 9:26 am #

    Tonic Studios announced in May that they will be shipping out Tim Holtz’s Stamp Platform in June. Tonic’s stamp tool has enough differences than MSP’s tool with elements that perform differently (open on two sides; removeable lid that flips over; etc). I do not believe MSP will win the suit, considering the “one element different” patent infringement guidelines.

  6. DeniseP June 1, 2017 at 10:15 am #

    Shame on msp. You can’t patent an idea…only the process for accomplishing that. This means different ways of accomplishing the same result is acceptable competition. She is so selfish. Her product falls apart with minimal use and her customer service is atrocious. I hope she loses massively.

  7. Deb June 1, 2017 at 10:46 am #

    I wish the Misti owner would just stop! It seems like she is a very greedy person! There’s enough room in the crafting industry for every product. As said above, how many paper trimmers are out there??? No lawsuits over that! Tim’s stamping platform offers things the Misti does NOT! I have a Misti, but am looking forward to receiving Tim’s because of the different ways his stamping platform can be used!!

    • Alyssa June 5, 2017 at 10:20 pm #

      So if someone broke into your house to rob you, are you going to stop them? Or are you going to help them out the door with your hard earned stuff? Look up a patent. Stop looking up things in social media and do some actual research.

  8. gscrapper June 1, 2017 at 10:48 am #

    From what I have seen of Tim’s tool, it is different than the Misti. The concept is very similar but his does not need the foam pad (flips over to use with clear stamps and then flip again to use with rubber stamps) and his also is open on one side to allow for larger paper. These options are available on any of the Mistis. Yes the price point is way better than the Misti but that is to be expected with larger companies. I think Iliana might want to rethink her position and stop suing everyone and remake her Misti to compete and lowering the price would help too.

  9. Linda June 1, 2017 at 12:34 pm #

    In the world that all of us live in, it’s unreasonable to try and corner the market on a invention. I applaud Tonic Studios and Tim Holtz for not backing down. I don’t know of any craft tool that has just one version of it available for sale.. MSP should be proud of her leading the way in the creation of the tool. But, to think other companies are not going to compete for consumers is unrealistic. When the Misti first came out, I was crazy for it….but then I saw how expensive it was. I like many others have limited funds for living much less crafting. And then I realized the misti would be just like everything else, someone would come out with a more affordable version. And they have, 3 more affordable versions.
    That’s all I have to say about this. Thank you for sharing information and allowing me to share my thoughts.

    • Rebecca Ednie June 9, 2017 at 1:27 am #

      I don’t know if any tool like the Crop-a-dile. I think it is patented.

  10. Suzanne Moore June 1, 2017 at 12:41 pm #

    Way to go, Iliana! So happy to see My Sweet Petunia standing by her product and invention without backing down from the bigger kid on the playground. It’s nice to see that the other knock off’s pulled their product without any fuss when she was granted her patent. It’s unfortunate that Tim Holtz and Tonic weren’t professional enough to do the same.

  11. Debbie June 1, 2017 at 1:01 pm #

    Misti is just upset cause they wouldn’t be able to keep charging their ridiculous outrageous prices cause they would have to compete with Tims reasonably priced one. I don’t own a misti and I won’t they aren’t getting rich off of me especially now that I know their is a better one that won’t rip me off!!!!! Pitiful…..

  12. Mary June 1, 2017 at 1:14 pm #

    I initially empathized with Misti on this but lately not so much. I was one of the customers that received a cracked one and had it grudgingly replaced within warranty. I also bought a mini. I figure I’m ready to try something that might be an improvement since I don’t want to pay for another overpriced tool if my Misti fails. If the tonic is better, than Misti needs to step up their game and make improvements to compete. Than I can decide which stamp positioner is the best product in my price range. Honda or Chevy, I like choice. I’m not so sure a patent should have been issued on this product anyway.

  13. JamieL June 1, 2017 at 1:32 pm #

    I think Tim’s invention is materially different from the Misti – particularly the hinge mechanism that allows two types of stamps to be used, and the open corner. I hope Tonic wins the right to produce his model.

  14. Tracey Hoffer June 1, 2017 at 1:34 pm #

    This is unfortunate. I wish she made her products more affordable. She is hugely overpriced! Hope Tim wins. I really want his affordable, better quality product.

  15. Margo Berg June 1, 2017 at 2:02 pm #

    I am in Tim’s camp. A better product for half the cost. I have a mini misty but find it’s too small and spending $70 for the next size is ridicous! I hope the changes he made will be enough for him to win the lawsuit. I’m very surprised that Misty was even granted a patent. I think she just wants to be a millionaire..

  16. Susan H June 1, 2017 at 2:42 pm #

    And I contacted Ill and about my cracked Misti and was told too bad. I am waiting for the Tonic product also and prefer it since I know from experience that they stand behind their products. I will never deal with the not so sweet Petunia again!

    • Alyssa June 5, 2017 at 10:17 pm #

      As far as I know 100% of the crazed ones have been replaced.

  17. Christi C June 1, 2017 at 2:50 pm #

    Interesting stuff – looking forward to learning more about this and the outcome.

  18. Pamela Peterson June 1, 2017 at 3:01 pm #

    I will never buy a Misti way over priced.

    • Shurla June 4, 2017 at 1:45 am #

      I agree way too expensive! I don’t like her practices either because she has been trying to take every YouTube video down that has a DIY stamping tool video. I’ve personally came across the video stating the “misti” owner contacted her and told her to take it down. I’ve made a great DIY stamping tool for $12 and is a good as any. She had a great idea and made tons of money but it’s crazy for her to think there wouldn’t be others come out that were better and cheaper. I will buy the Tim Holtz one because of more features and a way better price point.

  19. Maggie Andrew June 1, 2017 at 3:06 pm #

    Having seen the Tonic product at Creativation in January my feeling is that it is a superior product at half the price. There are enough differences in the product design that it should be marketed as it is. As Jean said….”what about the free market”. I am hoping that Tonic wins and that WRMK and Hampton Arts are able to get their products back into the market place. It is ridiculous that MSP wants to have the market to themselves. MSP is producing their product in China at a much lower cost but they sure haven’t dropped their price. Imho, they are being very
    greedy.

    • TR June 6, 2017 at 3:50 am #

      Exactly Maggie! When she was making them in her home…fine. Everything is costlier when not in bulk, especially when made by hand. But sending it out for cheaper production with no price break for consumers? Uh-huh. Those types of business practices will lose my business. Forever.

    • Lesley Dickson June 12, 2017 at 3:47 pm #

      I think you will find that a ‘free market’ is to do with countries not having unfair import duties. It has nothing to do with companies copying other company’s products!

  20. sherry poore June 1, 2017 at 3:33 pm #

    If Tim’s product does different things then what is the issue, he improved the idea thats all. Just like trimmers, how many companies are there selling those, or scissors, or thread, hello, Tim has come up with some awesome products over the years. Seems like others have copied some of his ideas and nothing said. I will buy one of Tim’s when they come out, I am sure that it will be a quality tool.

  21. Judy June 1, 2017 at 3:40 pm #

    I AM ANGRY BECAUSE I ORDERED AND PAID FOR MY TONIC STAMPING TOOL. I WANT MY MONEY BACK OR A PRODUCT, THIS IS RIDICULOUS!!!

    • MS June 5, 2017 at 7:35 pm #

      I hear you on that one. I’m waiting for my order too!

    • TR June 6, 2017 at 3:53 am #

      Judy & MS. If you ordered it from a reputable company, they are all offering refunds. Contact them. If it’s preordered, then no money lost on your part. Cancel the preorder if it’s a principle issue for you.

      • MS June 7, 2017 at 7:23 pm #

        Well aware of what action I can take. Was just commiserating with another commenter.

  22. Phyllis Strickland June 1, 2017 at 3:55 pm #

    Clearly she was being ripped off! No one had this tool until she came up with it, then all of a sudden these other companies have them. If they are so smart and have all that money, then they should have had the brains and wherewithall to come up with it but they didn’t. If companies can’t have patent protection they won’t invest in new products. I’m sure that if any of the detractors had invented the products they would want protection too.

    FYI I have a Misti for several years, use it all the time and would not even think of buying one of the rip-offs.

  23. Nancy Nally June 1, 2017 at 4:56 pm #

    I know that there are strong feelings in support of both sides of this disagreement, but please let’s keep discussion respectful and civil and focused on the products and the legal issues surrounding them, and not engage in personal attacks. Thank you!

    • itsmefaith June 2, 2017 at 2:30 am #

      Nancy, I would really like to educate myself as to why this is happening. What does a patent protect or what is it for? When the Score Board first came out, everyone was crazy for it. A few of us older gals laughed about how we still had Alene’s small card folder board still in our desk drawers. Now there are several kinds on the market. There wasn’t a lot of this going to court. Score Board is still going strong as their competitors are also. I can understand taking a product and making it exactly the same, using the same materials, and saying you came up with the idea, being a problem.

      • Nancy Nally June 2, 2017 at 11:21 am #

        Here’s a good link that describes the basics of what a patent is and what it is supposed to do: what is a patent

        Patent isn’t like copyright, where items are protected automatically. An item isn’t protected by patent unless the inventor applies for, and is granted, a patent. Not everything is eligible to be patented, and patents expire. That is why, for instance, there are a billion pairs of scissors on the market, or paper trimmers, or pens.

        • itsmefaith June 2, 2017 at 6:31 pm #

          Thank You Nancy for the link. I appreciate it very much.

  24. Susanne June 1, 2017 at 6:06 pm #

    I really like my Misti, but to be honest I ordered the Stamp Perfect as well. Alas, I didn’t get it because the product was pulled before shipping. I wanted the cheaper version so I could take it to crops and not worry about the cost of it if something happened. I understand MSP’s desire to protect their investment, but I also think there is room for improving on it (as I believe Tim has done).

    I compare this to the pharmaceutical industry, where sooner or later, cheaper generic versions are going to become available – and I’m happy to buy generic. Also like the pharmaceutical industry, it is the attorneys who win without risk of loss. Clearly MSP is getting lots of bad press, and I wonder if that will be worth it to their brand identity, especially if they lose. Just imagine a jury trial with Tim Holtz demonstrating his product – he’ll blow them away. 😉

    • Kelly Ghirarduzzi June 6, 2017 at 11:03 am #

      Susanne, I would pay money to see Tim Holtz and Illiana in a scrap off in front of a jury!! He would destroy her!!! Thanks for the image!

  25. Rebecca June 1, 2017 at 7:48 pm #

    I have a Misti, and its improved my stamping life unarguably. However i don’t believe she “invented” this tool, the idea, the concept has been around for a long time, she took it and improved on it. I feel thats what Tim has done, improved an idea. Why shouldn’t this be allowed?
    Why shouldn’t we have freedom of choice?
    And while i haven’t used any other product similar to this, i feel that my Misti is fairly substandard in quality. there are cracks all around the hinges and its only a year old. I’m almost embarrassed to admit the amount i paid for it now, being in NZ where i had no choice but to buy it from the USA at the time, it cost me $150 including shipping. And even now where you can buy it in store its still over $100. Tims is on offer for $65 NZD.

    She should be proud that she led the way for a new tool to be on the market and accept that other people are going to want choice.

  26. Christine Pennington June 1, 2017 at 8:02 pm #

    I wish someone would start a petition on this unfortunate debate, I would sign it. I don’t own a Misti and never will. I was shamed along with my friend on facebook by the Misty clan, telling us we could be sued for buying an illegal product. This is unfortunate and greedy. There are tons of circle punches made by many companies, they all look very similar and give you the same results. Nobody is suing or putting a patents on a paper punch. Tim Holtz and his team took the concept to a whole new level. No more breaking hinges. Better material and open ended for more versatility. Misti lady took a printing press tool and made it a papercrafting tool, I don’t know how she got a patent in the first place. I am #teamTONIC I hope Tim does not back down… his design is by far better than the Misti (hands down).

  27. mariannebrinkley June 1, 2017 at 8:31 pm #

    Everyone who is saying that the MISTI is so overpriced and Iliana is getting rich, I think you need to think again! You need to remember she is not a huge company that had contracts in place or a manufacturing facility of her own. If you have followed her journey with the invention of the MISTI from the beginning, you know she was working full-time and putting MISTIs together by hand on nights and weekends. That went on for quite some time. It was at the urging of her followers who saw the work she was doing that she went back the second time to seek a patent. The first time she didn’t actually go to a patent attorney.

    To the person posting saying that she is having them made in China. I am pretty sure you are wrong about that. When the Mini MISTI was released at CHA in 2016, she also reported there was new packaging. Also, because some of her materials come from China, she has to list it as the country they are made in. If I understood correctly, they are still being put together in Illinois. I will go and check on this. If I am wrong, I will come back and say so.

    Put yourself in her shoes. If you had invented the MISTI and done the endless amount of work she has done, had a product that was hugely successful until the other companies “suddenly” had an idea for a “similar” tool” they could make cheaper, because of their resources, can you be honest and say you wouldn’t do the same thing?

    And, yes. I own a MISTI and a Mini MISTI. Yes, they were pricey, but they were worth every penny and I was happy to be supporting someONE… not a corporation that has many products and one more is not going to make our break them. And, I am anything but wealthy! I have a crafting budget and I made a decision.

    I wish Iliana all the best!

    • Eccentric June 12, 2017 at 1:35 pm #

      So you are admitting on a public forum that the MISTI product was public domain before patent pending? Well, a letter to the patent office is required to strike it off. You cannot seek patent once a product has been shown along with its uses to the public.

      • Nancy Nally June 13, 2017 at 10:24 am #

        Whoa! To clarify what was said, that comment above referred to “going back a second time to get her patent”. The MISTI was patent pending all along but her original filing was refused. As noted in my article she had to submit a 2nd filing to the patent office before they actually approved the patent application. That is what the commenter was referring to. And it takes complex legal action to challenge the validity of a patent that has been granted…not just “a letter”.

  28. Bernice J June 1, 2017 at 10:39 pm #

    As a person who has had her original designs copied and sold, I am solidly in the Misti camp. It takes an incredible amount of time, ingenuity, inventiveness and money to design and launch a new product. That effort should be rewarded with at least a minimum time delay before any of the “knock-offs” are sold. Perhaps the follower’s products are cheaper and improved. They should be… they rode on the coat tails of the original designer’s work. They used a design that originated with someone else, changed it a bit and called it their own. If that happened to you, you would think differently too. And shame on those of you who said the Misti was overpriced…you knew what it cost and obviously thought it was worth it or you would not have purchased. There were tons of DIY plans on Pinterest. You did not have to buy the product,

    • Kim Bush June 3, 2017 at 12:04 am #

      In response to “And shame on those of you who said the Misti was overpriced…you knew what it cost and obviously thought it was worth it or you would not have purchased. There were tons of DIY plans on Pinterest. You did not have to buy the product”

      Yep I sure did say that misti was overpriced and I knew what it cost to own it and for those reasons I did NOT purchase it. So before you point and say “shame on you”, maybe read through and see how many did not purchase the product and have no intentions of ever doing so.

      • Kelly Ghirarduzzi June 6, 2017 at 10:50 am #

        Exactly Kim Bush! I did not buy either because it was way over priced! Nor will I ever buy a product from her. Also to all the people who think Tim Holtz is a big corporation you are right, but he didn’t start out that way and he makes quality products for reasonable prices!

  29. Elgee June 1, 2017 at 10:39 pm #

    All of the tools remind me of the antique press machines. I was admittedly surprised a patent was granted. My experience with the MISTI/MSP is my initiative for buying the Tonic tool. For that, I wish Tonic well. It’s a different tool even though it might produce a similar result.

  30. gabmcann June 1, 2017 at 11:06 pm #

    Interesting debate – I can see both sides … I guess we’ll have to wait and see what happens!

  31. Kim Bush June 1, 2017 at 11:33 pm #

    Personally, I feel if you bring a product to market and you believe it is new and inventive then you do what you need to do to protect it or you sell your idea to someone else who can. MSP just updated an old fashioned product, and updated it and at a cost that I am not willing to pay. I figured I would wait it out to get something similar for much less money, because we all KNEW that was coming (so they should have too!). All of the ones that have been marketed are similar but not the same. If I were the owner of MSP, I would have changed my marketing strategy. I would have reduced the price to be more affordable and I would have found an investor (if need be) to drop the cost of the product to produce more units at a lower cost. I then would have marketed that I was the original new/better invention and to buy with me, refer your friends, do some give aways to drive PR and taken the high road. Court is nasty business and when you start mud slinging and telling people they are buying an illegal product you sink to a low you can’t recover from, especially if you are posting that stuff in a public forum. And honestly, Tim Holtz is so well loved you are “smacking a hornet’s nest” that can never be unsmacked. So you may win, however you will always be associated with bad mouthing other companies and that will always follow you around on the internet IMHO. And if you don’t win, you’re screwed…………..

    • TR June 6, 2017 at 3:59 am #

      THIS. All of THIS!! I wish I could “love” your comment Kim Bush.

  32. Glenda June 2, 2017 at 5:17 am #

    I find his device to be different. I own a Misti, love it, a bit pricey, but I love it,but his is different. I don’t understand, there are tons of different paper trimmers, all do the same thing. Did someone sue there?Maybe I’m wrong but I thought competition was a good thing.

  33. Tina Bennett Bruderer June 2, 2017 at 9:29 am #

    I thought crafting was supposed to be a fun hobby its very sad it has come to this?

    • Nancy Nally June 2, 2017 at 11:13 am #

      To the people like you who buy the products, it’s a hobby. But to the companies and people selling the products, it’s still a business, even if it’s one with a very fun product.

  34. Linda Ceschin June 2, 2017 at 11:36 am #

    There are SO many versions of so many craft products! cutters, embossers, trimmers, stampers, accessories, organizers, inks, glues, etc! Someone had to invent the first one, and the crafter consumer should have the option to purchase the original or a similar type of product or both, or all!

  35. craftiliciousyorkshire June 2, 2017 at 12:55 pm #

    As a retailer I refuse to stock the MISTI as the owner puts all the onus on me and takes no risk or responsibility. Tonic is by far a nicer and more upfront company to deal with. The platform is a very different tool and I therefore don’t think the patent will hold up against it. Glad its only a US patent and not UK too!

  36. Margaret June 2, 2017 at 2:15 pm #

    I wish more of you would read the article Nancy refers to above – What is a Patent? Patents protect the time and expense put into designing a new product (or whatever) and last for a certain number of years (in this case, 14). This explains why there are generic brands of drugs, but only after a number of years have gone by. Or why there are now many brands of so many items, including craft products. Educate yourselves before you have an opinion.

  37. Loz Clough June 2, 2017 at 2:41 pm #

    Litigation IS a very serious, costly business.
    However, having seen allegations made recently against ‘the big boys’ when it comes to ‘stealing’ other Designers work, I’m not surprised to see this happen; perhaps even as a stark ‘reminder’ to others, that it now needs to stop!
    If someone has invested time, money, effort and their blood, sweat and tears into bringing a new invention to the market – irrelevant of how ‘costly’ it then appears to consumers – who can buy or not as it suits them/their pockets (I have one of each MISTI) – I can only imagine just how devastating it must be to see your design either copied and/or ‘amended’ with the intentions of it being sold on, for others, to profit from! That is the whole point of paying for a Patent to ensure this can’t happen. In effect, it would mean that all of your time, money, effort, blood sweat and tears have been in vain, if you just sit back and let anyone ‘get away’ with this.
    I’m fully aware too, of the ‘popularity’ of Tim Holtz; but IF his design did indeed, impinge upon MISTI’s copyright, then the Law will take its course. If NOT, then folk will be able to buy his ‘cheaper, improved’ version in the shops, once the Court case is over.
    As a Designer, I too have ‘innovative’ Craft designs awaiting production, but until I’m in a position to invest in world wide Patents, I KNOW they won’t see the light of day for fear of ‘the big boys’ wishing to profit from MY hard work, in them.
    I’ve seen this happen twice in the past two years; no longer buy anything from the companies who’ve been guilty of it and consider their infringements to be sly, devious and unnecessary in a world that I’d previously seen as ‘fun’.
    The profits made by these companies are already so HUGE, they didn’t need to show such lack of integrity because, make no mistake about that; it’s a BILLIONS OF DOLLARS INDUSTRY. However, NOT one that would warrant me as a Crafter, ever sinking so low as to ‘steal’ someone else’s hard work and toil.
    I await the outcome of this Court case with much interest.

  38. Mari June 2, 2017 at 3:30 pm #

    I have a Misti. It is a great tool and I’ve got one of the first ones. I believe that Tonic (and Tim, by association) could have done this more ethically than they did. They could have licensed her product. Yes, they copied her patented idea. That tells you what a great idea it was. I fully support her position on this.I also got banned from Tim’s message board for supporting it. I did not say anything mean or snarky, but IMO, they know they are wrong, just by their actions. Tim even posted how wonderful his set of Misti’s were when he received special ones. This post was on his blog. He even had an affiliate link on there to buy a Misti! I think that this was not “innovation”, this was doing what Tim does, he markets things well and comes up with new ways to use things that he did not invent. His brand is damaged in my eyes over this. JMHO

  39. Gale June 3, 2017 at 6:15 pm #

    My first misti cracked and I had to jump through hoops to get it replaced. And it’s 100% made in China. There were similar tools out way before msp made hers.

  40. Crafter June 3, 2017 at 9:39 pm #

    The Misti IS made in china!

  41. Melissa June 3, 2017 at 9:40 pm #

    Why not look at a post here on Scrapbook Update October 2011 and then say she had an original idea… http://www.scrapbookupdate.com/2011/10/12/letterpress-l-letterpress-from-lifestyle-crafts/

    • Rita June 5, 2017 at 10:29 pm #

      Obviously the patent office thought it was novel enough. So glad you know so much more than the patent attorneys and patent office.

      • Dian Pitts June 12, 2017 at 4:44 pm #

        That would be because other companies did not feel it was necessary to apply for a patent. Not every one is that scared they can’t compete.

    • TR June 6, 2017 at 4:10 am #

      Excellent Melissa! I had forgotten about that product. So much for MSP being original.

  42. dapperdoxie June 4, 2017 at 1:17 pm #

    frankly I think the idea for the tool was out there BEFORE the misti…YES, her version was the best at the time, and maybe she deserves a patent on her version, but Tim’s is totally different, so I don’t understand the holdup on it. I love my misti, I do think it’s kinda fragile and it scares me that one of these days it will break cause I can’t afford to replace it right now…especially since the price is now higher than what I paid for mine and I thought it was expensive when I got mine. However, I LOVE the idea Tim had on his for flipping the lid depending on what kind of stamp you use…so I’m sure looking forward to getting one of those one day if it ever comes out and I have the money to get one. It looks like it is way more sturdy too, and all for LESS than what I spent on my misti…and way less than the current one is. Her attitude of trying to squash any competition…even the homemade variety has always left a bad taste in my mouth, even before I got one but at the time it was all that was available, so I finally broke down and got one. But now all this is REALLY leaving a bad taste in my mouth, sure am rooting for Tim in this, cause his is a LOT different, and it’s good to have more than one kind out there…helps keep the greed down to a better level!

  43. Kelly Ghirarduzzi June 5, 2017 at 9:42 am #

    I have to say, I read the reviews on the Misti and was not impressed by the fact it’s not one size fits all like the WRMK or the Tonic/Tim Holtz products. Also you have to buy her paper pads and her cleaner or the hash marks will be removed with any other cleaner. Also the misti is so overpriced, they don’t even attempt to pretend that they aren’t out to take you to the cleaner. I was lucky enough to get the WRMK product before they removed it. I know that Tonic and Tim Holtz with come out with their product eventually. When they do the Misti sales are gonna drop off big time because Tonic/Tim Holtz are top quality products at reasonable prices. And on a personal note, I don’t appreciate purchasing a product that shoves the makers religious believes down my throat! Really to put a religious phrase across the front of the Misti is just absurd. Not everyone is Christian and even not all Christians want to have there religion mocked on a craft product. I went to a paper craft expo this past weekend and the vendor selling the Misti was not moving the product mainly the price of it and the added accessories! I am very much on Tonic/Tim Holtz side on this. Even if they lose I will never give the maker of Misti a dime of my money!

    • MS June 5, 2017 at 7:21 pm #

      The cleaner can be purchased at The Container Store. It’s not MSP’s proprietary cleaner. i have a MISTI and love it. I bought it to improve my stamping and to support a fellow crafter not backed/supported/distributed by a large company. I also purchased the Tim Holtz version because it was different and seemed to improve upon the MISTI’s design.
      I’m perplexed that MSP is going after Tim Holtz and went after WRMK since judging by looks the only product that appeared to be a direct copy was the Hampton Arts one. This is a big country and there are enough crafting dollars to go around. How many of us have different versions of the same tool?!! We’re hoarders (and proud)!! ?
      I’m deeply troubled that MSP dogged fellow crafters who DIY’d their own versions and shared them on the Web. I think MSP probably alienated a large number of crafters with that decision.

    • scramblinrosie August 12, 2018 at 7:31 pm #

      While I do have 2 MISTI’s I’ve never bought the cleaning products as I already had the Novus products from other crafting things I’ve done. I’ve had the standard size MISTI since she was making them from her home and have never had to use any kind of anti-scratch cleaner on it. A sweep of a baby wipe and the ink is off. So I never understood the need for the cleaners.
      As for the scripture, I am an atheist and did not care for the scripture on the MISTI, I found she was right about other cleansers removing the ink of the hash marks. I did use cleaner on the hash marks, but I did on the scripture line. No more silliness on my MISTI! As for the paper pads, it seems she sold them with the MISTI in the beginning but the newer MISTI’s have a wipe off surface so the pads are not necessary anymore. Main reason I bought the MISTI? I like being able to restamp over and over on an image or more especially a sentiment. I could never get the sentiment clearly stamped before, too much ink made it bleed and not enough ink made it too faint to read. But with the MISTI, I could go over and over the sentiments until it was dark enough for me to be happy.
      Now if someone could come out with a paper cutter that actually made straight cuts without a cable running down it that loosens up, I’d be thrilled!!

  44. Jill P June 5, 2017 at 3:02 pm #

    Basically I think it will come down to the exact wording of the patent and what was actually patented, i.e. the unit as a whole (which is not being copied since the others on the market are all different in various ways), or specific components of the unit (the hinged design, clear lid, etc.). I own two of possibly the first stamp press out there: Fiskars Stamp Press was a clear acrylic rectangle with an orange grid painted on it, sitting on four sponge cylinders at the corners, in large and small sizes. You put your stamp on the underside of the acrylic, set your paper beneath it, and pushed down on the four corners where the sponges were.

    Innovation is the ability to improve upon someone else’s idea. It’s how everything develops. The difference is whether the MISTI’s patent has enough precise wording in it to cover the aspects of it that MSP feels Tim and others infringed upon. That would be a no-no.

    Does anyone remember the lawsuit Spellbinders brought against QuicKutz?
    http://www.scrapbookupdate.com/2012/11/14/spellbinders-lawsuit-against-quickutz-dismissed/
    http://www.scrapbookupdate.com/2010/11/05/us-pto-rejects-spellbinders-634-patent-claims/

    It got thrown out because it turned out that the patent issued could not be upheld. Basically, the patent office changed their minds on whether the patent was valid and able to be upheld. They actually do that a lot. I know, seems silly, but welcome to the government!

    There are also factors around items that are now considered to be common public domain, such as perhaps a hinge. MISTI probably cannot patent (or sue over) the use of a hinge as that’s been around for centuries and considered common for all to use. But for example, if they patented the overall concept of a hinged lid swinging down onto a base to stamp onto paper, they might have better footing for suing.

    • MS June 7, 2017 at 7:27 pm #

      Yes!! Loved your comment. Especially the one about innovation.

    • BBB June 8, 2017 at 7:16 pm #

      I agree with your comments Jill P. I’m not 100% clear of what was declared in the patent, but I felt the WRMK Precision Press had enough elements to differentiate it from the MISTI:

      1) hinge that moves to accommodate the thickness of the stamp
      2) no magnets
      3) open sides to accommodate pages larger than the stamping area

      I feel that WRMK used some innovative ideas there.

      I will be interested to see the outcome of the lawsuit. I hope it can be settled relatively quickly for the sake of both parties.

  45. MBetsy Z. June 5, 2017 at 10:45 pm #

    I’m another who was quite surprised that MSP was granted a patent. At best, the MISTI is an updated version of an old design. OK, and the fact that it’s pink doesn’t hurt either. 🙂 Several years ago there was a positioner put out by Mostly Animals that was quite similar in design.
    For the record, I own the original-sized MISTI and am anxiously awaiting my Tonic version (which seems to be a much better design).

  46. Eileen Wassman June 8, 2017 at 8:35 am #

    Hampton Arts was a very good cheaper version of the Misti, and WeR had a version of the misti so I get going after them. From all the videos I’ve seen Tonics ultimately it is a different machine and I look forward to purchasing it even if it needs to be done while I’m overseas. Love how much cheaper the price point, you don’t need a special cleaner and the white lines won’t come off,
    I will never purchase anything from MSP again.

  47. cris June 8, 2017 at 11:58 pm #

    Does this lawsuit only affect markets in the United States? Could one order a Tim Holtz platform from Europe?

  48. E Garmarnik June 9, 2017 at 2:19 am #

    Tonic Studios USA issued a letter yesterday (07 June 2017) announcing that its Stamping Platform should be available in July 2017. For those of us who prepaid for a Tim Holtz Stamping Platform, Tonic advised that we should contact our respective retailers for delivery information.

    I supported My Sweet Petunia last year when I bought my MISTI, Novus cleaning products (which have adverse health warnings), additional magnets, and pad of grid paper. I would hope that My Sweet Petunia (MSP) would not harbor negative hostile feelings towards this consumer just because I also want to purchase a stamping platform which offers different features that appeal to me and that is more environmentally friendly. I am glad that My Sweet Petunia “has generated millions of dollars in sales for Petunia in the three short years since the product was invented,” as stated in MSP’s Complaint against Tonic Studios USA. (MSP’s Complaint is published online.) However, I believe that for continued success, a more inclusive attitude would be a far superior marketing strategy than a litigious threatening stance.

    I disagree that MSP “was being ripped off” by Tonic Studios, whose Stamping Platform differs in design, product material, and construction. Moreover, as others have stated, while the MISTI design may be somewhat unique, it certainly is *not* an original or new idea. MSP’s Complaint against Tonic Studios USA describes the patent infringement in part as copying the MISTI’s “book” type design; specifically, MSP described the MISTI’s design as “moving the cover toward the workspace as one would turn a page of a book.” This “book” type design is definitely *NOT* new or original. I bought the Stamping Rig, which had a “book” type design for printing/re-printing/multiple printing wood-mounted rubber stamp designs on paper more than a decade ago. Online, I read about another stamping tool for wood-mounted stamps that used foam sheets similar to the MISTI to accommodate the different heights of wood mounted rubber stamps for printing/re-printing/multiple printing wood-mounted rubber stamp designs; this tool was also marketed long before the MISTI was created. In addition, there is a YouTube video for the Stampressive that has a “book” type design for printing/re-printing/multiple printing unmounted rubber stamp designs, which video was posted in February 2013, which was well before the MISTI was marketed.

    I recognize that MSP’s patent acknowledges the Letterpress. So, perhaps, MSP has a licensing arrangement with the maker of the Letterpress. I don’t know. But given that the Letterpress and the MISTI both function similarly to printing presses, I don’t understand how a patent was granted for a tool that is based on hundreds of years of reproducing printed designs and printed words using a printing press process.

    While I agree that the Hampton stamping tool design was essentially the same as that of the MISTI, the design of the Tonic Stamping Platform is not. As mentioned by others, the Tonic tool: (1) is open on 2 sides to accommodate large 12” x 12” sheets of paper unlike the original MISTI which is enclosed on all 4 sides, limiting paper size used to 8.5″ x 6.5″ for the original MISTI (smaller than that for the mini-MISTI), while having an 8.5” x 8.5” footprint that is smaller than the 12” x 12” large MISTI footprint, (2) does not use a foam insert for stamping unlike the MISTI which needs the foam insert for stamping clear stamps, (3) has metal hinges that allow the lid to be flipped over to accommodate either un-mounted rubber or clear stamps, unlike the MISTI that has fixed plastic hinges that do not allow the MISTI lid to be removed, (4) has a design that allows for mixed media applications for both un-mounted rubber stamps *and* clear stamps unlike the MISTI foam insert that does not accommodate mixed media/water based and distress ink applications easily, and (5) is made of material that can be cleaned with water and/or alcohol, unlike the MISTI which markets the Novus Plastic Clean & Shine and Novus Fine Scratch Remover for cleaning, which products both have warning labels on them regarding possible skin and eye irritation; in addition, the Novus Fine Scratch Remover also warns about possible “damage to respiratory system” from prolonged inhalation. For these reasons, I have never used the Novus cleaning products that I bought when I purchased my original MISTI from MSP last year.

    As stated previously, I wish MSP continued success. I believe the market can bear several different designs of stamping platforms, and I hope that MSP is open to the idea of free market competition as there are both MISTI and Tonic Tim Holtz Stamping Platform supporters, among others, as demonstrated herein.

    • BBB June 11, 2017 at 9:08 pm #

      I am new to the scrapbooking industry do I didn’t know of the Stampressive or the Stamping Rig. I thought the MISTI was the first to use the book technique. MSP has clearly combined a number of ideas to create the MISTI. Interesting.

  49. Carolyn Armstrong June 10, 2017 at 8:21 pm #

    Wish I had friends and relatives in Europe, then I would not the hear all the “Hoop-E-La”
    coming from Misti. I thought all you had to do to obtain a new patent was to change one
    thing? Tim Holtz’s platform looks more durable, and does not require the dumb foam pad
    which you have to flip. The price point is huge! More features, heavy duty and cheaper.

    • Nancy Nally June 11, 2017 at 3:15 pm #

      It’s a common misperception of both copyright and patent law that making only minor changes frees an item from being covered by a license, but that is simply not the case.
      How much do you have to change to avoid patent infringement?

    • E Garmarnik July 26, 2017 at 2:44 am #

      Litigation is always fact-based, which is inherently subject to interpretation and argument. Proposing fact-based arguments is both an art and a skill. The Attorney comments provided in the link above are not dispositive of whether changes to a product are significant or insignificant, i.e., major or minor. Interpreting and deciding whether the elements of any legal claim have been met are never clear cut; otherwise, lawsuits would be resolved quickly and easily, which obviously is not the case.

      Similarly, even though the Tim Holtz Stamp Platform manufactured by Tonic Studios is now being sold in the U.S., one cannot say definitively that Tonic “won” the lawsuit. Rather, it is likely that some compromise was reached between MSP and Tonic. If there was a settlement, it most likely would be confidential and would include no admission of infringement and no ruling reversing MSP’s patent. I am inclined to think that a settlement was reached because it has been less than 4 months since MSP issued its Complaint against Tonic Studios, and litigation usually drags on for a lot longer than a few months!

      As noted on this blog thread, somewhat oppressive tactics that smack of attempts to create a monopoly often produce undesirable results. The good news is that both the MISTI and Tonic’s Tim Holtz Stamp Platform are now available to consumers in the U.S., allowing free market principles to prevail.

  50. Cris June 11, 2017 at 3:27 pm #

    I went ahead and ordered mine from a craft store in England. Waited so ling for this tool and refused to help finance MSP. The tonic tool is awesome and was worth the extra shipping charge to get it.

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