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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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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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Update | MISTI, Project Life, Etsy, Jobs, Events & More!

The post-winter show doldrums sure are over! Lots of companies have been busy with the result being lots of news to share!

[Disclosure: Some links in this article are affiliate links that pay this site a commission at no cost to you if a purchase is made after a click.]

Endings. The Project Life partnership with Stampin’ Up! is ending. Project Life branded products will continue to be sold (while supplies last) through Stampin’ Up! demonstrators until the end of the current catalog year on May 31st, 2017.

Patents. My Sweet Petunia, the manufacturer of the popular MISTI stamping tool, was granted their application for a U.S.MISTI patent on March 21st. The original MISTI tool took the stamping world by storm in 2015 and 2016, and the new Mini and Mega sized versions together won the CHA Hot Products Award for Papercrafting products at the 2016 Mega Show.

The MISTI patent had first been applied for by My Sweet Petunia on January 13th, 2015, but was initially denied in the summer of 2016. The company was able to secure approval of the MISTI patent last month after making a revision of their original patent application.

Winners. Etsy was honored as a finalist in the first-ever “World Changing Ideas Awards” sponsored by Fast Company magazine. The online marketplace for crafters was recognized as one of the top 24 finalists out of over 1000 submissions for the idea “Economic Security for the Gig Economy“, a method of ensuring freelance and self-employed people (like their marketplace participants) have stable access to items like healthcare and retirement savings.

Extensions. Tim Holtz has announced a new line of jewelry products that will be exclusive to Jo-Ann Stores called Tim Holtz Assemblage. The line is in Tim’s signature vintage style, and many elements are recognizable as adapted from metal elements designed for his papercrafts line. The line is available now – at 50% off – on Joann.com.

 

Changes. Megan Hoeppner is leaving her role as Editor-in-Chief of Scrapbook & Cards Today magazine for personal reasons. She will, however, continue with the magazine as its Pic Tips columnist. The Editor-in-Chief position is being filled by Susan Opel, who is familiar to many in the industry from her time at the now-defunct Papercrafts & Scrapbooking magazine.

Megan Hoeppner

Megan Hoeppner (on left) and I together at SNAP Conference in 2016.

Changes, part 2. Etsy has named Rachel Glaser as its new Chief Financial Officer. She replaces Kristina Salen whose intended departure as of March 31st was announced last fall. Glaser will start work on or around June 1st, and Karen Mullane (Vice President, Corporate Controller) will serve as interim CFO. With 30 years of executive experience in finance, Glaser comes to Etsy from Leaf Group, a consumer media and marketplace company whose brands include Society 6, Livestrong.com, ehow.com, cuteness, and Techwalla.

Events. AFCI (formerly known as CHA) is partnering with SPC (Sierra Pacific Crafts) to put on a Mixed Media buying event in Salt Lake City this summer. Education will be on July 17th, and the show floor will be open July 18th though July 20th. Exhibit space is selling fast, and attendee registration opens on April 19th.

Events, part 2. It may feel like you’re barely over your jet lag from this year, but exhibit registration is already open for the 2018 Creativeworld show at Messe Frankfurt in Frankfurt, Germany. Book before April 13th for an early booking discount. More than 130 exhibitors were already signed up as of the end of March, according to Messe Frankfurt.

[Note: Messe Frankfurt and its Creativeworld show are a Scrapbook Update sponsor.]

Considering whether to go for the first time? In case you might have missed them, here’s my show reports from Creativeworld 2017:

Documenting. Ali Edwards has announced that the next “Week in the Life” project will run the week of April 17th. New digital and physical product kits are available for the 2017 project on the Ali Edwards webstore.

Teams. Graphic 45 is skipping their usual design team call for 2017, and instead have announced a group they call the 2017-2018 Graphic 45 Brand Ambassadors. The company promises that the design team call will return in 2018, but for this year, the new team includes lots of returning names from last year, with a few new ones mixed in.

Jobs:

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