TAGGIE company coming down on SEVERAL of us...

[PaxTempli]

What is the name of your state (only U.S. law)? Utah
I was told to remove my listings from ETSY a handmade craft site where our members are now around 2-3 million. There are hundreds of others that have been told to remove their listings as well. Here is the issue;
I make blankets, blocks, balls, burp cloths, etc with ribbons sticking out of them for babies to play with. This is such a staple with new moms for generations. Our moms were making them & I know thats i irrelevant.

The TAGGIE patent seems to be vague. #RE38782
Can someone help me/us with this. If its possible for her to make it to where NO ONE can sell any object with ribbons on it, this seems asinine, like a patent saying I thread things on strings so no one can ever make a necklace again, or no one can make a purse because someone already has. PLEASE help us clear this up. Thank you

 

[FlyingRon]

Gripe all you want (and if you look at other crafting forums and the ebay forums you'll find you're not alone. Generally, their argument is admittedly weak, and while it may not hold up in court (I don't know of any actual legal cases regarding this), it's enough to get a lot of sites (particularly ebay if you go there) to punt your alleged infringing material.

 

[ipatty]

Recommendation - get a patent opinion.

A qualified patent attorney can render an opinion as to whether you are infringing or not infringing on that particular patent. This will give you good faith assurance of moving forward with your product if the opinion concludes that you are not infringing. Patent infringement can be a very serious allegation and it can be very costly in terms of damages. An opinion will help shield you from certain types of damages.

If you need any recommendations for patent counsel, please let me know.

 

[justalayman]

What is the name of your state (only U.S. law)? Utah
I was told to remove my listings from ETSY a handmade craft site where our members are now around 2-3 million. There are hundreds of others that have been told to remove their listings as well. Here is the issue;
I make blankets, blocks, balls, burp cloths, etc with ribbons sticking out of them for babies to play with. This is such a staple with new moms for generations. Our moms were making them & I know thats i irrelevant.

The TAGGIE patent seems to be vague. #RE38782
Can someone help me/us with this. If its possible for her to make it to where NO ONE can sell any object with ribbons on it, this seems asinine, like a patent saying I thread things on strings so no one can ever make a necklace again, or no one can make a purse because someone already has. PLEASE help us clear this up. Thank you

actually, it is not vague. It is merely quite encompassing.


it seems to have been applied to blankets and pillows only. It would seem the other items were not claimed not was the general application of loops. It would seem the patent holder only sought to patent blankets and pillows constructed in this manner.

the reason she was awarded a patent is because the use was unique. Stringing things on a string (your jewelry comparison) is not a unique method of assembling items.

as ipatty states, it may be worth having a patent attorney review the situation and advise.

You may also look in to when the first use of the method was used commercially and seek possible invalidation of the patent due to prior use of the method, depending on the circumstances.

 

[tagapalooza]

Taggie Company

I also was recently shut down on etsy. And in reviewing the patent sent to me could not see where it pertained to my specific blankets that I make. I guess you could call them "tag blankets", but her patent is very specific to the making of the blankets. I do not loop all my ribbons I use as her patent states, I also hand embroider on my blankets, which is not in her patent, and some of my blankets are quilted on the front, again not stated in her patent. It seems obsurd that she can have a patent on an "idea". I have recently seen in Target little tag blankets in the Classic Pooh collection. I am pretty positive after checking out her website that she has no affiliation with Disney.

I emailed the lady and she said that the patent wasn't on the design aspects but the utility of the blanket. I was confused at first until I realized that she was talking about the use for sensory development. I went back and reread her patent but it doesn't state anything about the use of the blanket or the utility of it. When I emailed her again regarding my new question she told me that if I didn't know the difference between a utlity patent and a design patent that I should contact an attorny.

Has anybody any updates on this issue? Anything I can use to show etsy that I am infact NOT infringing on her patent rights so I can get back to selling blankets to babys?

 

[Mass_Shyster]

I also was recently shut down on etsy. And in reviewing the patent sent to me could not see where it pertained to my specific blankets that I make. I guess you could call them "tag blankets", but her patent is very specific to the making of the blankets. I do not loop all my ribbons I use as her patent states, I also hand embroider on my blankets, which is not in her patent, and some of my blankets are quilted on the front, again not stated in her patent. It seems obsurd that she can have a patent on an "idea". I have recently seen in Target little tag blankets in the Classic Pooh collection. I am pretty positive after checking out her website that she has no affiliation with Disney.

I emailed the lady and she said that the patent wasn't on the design aspects but the utility of the blanket. I was confused at first until I realized that she was talking about the use for sensory development. I went back and reread her patent but it doesn't state anything about the use of the blanket or the utility of it. When I emailed her again regarding my new question she told me that if I didn't know the difference between a utlity patent and a design patent that I should contact an attorny.

Has anybody any updates on this issue? Anything I can use to show etsy that I am infact NOT infringing on her patent rights so I can get back to selling blankets to babys?

You can file a lawsuit under the Unfair Business Practices Act, and include in your prayer for relief an injunction demanding she withdraw her objection to your sales on etsy.

 

[Zigner]

1: Start your own thread
2: Follow the advice you received - consult an attorney
3: Don't necropost

 

[Etsuko]

Thank you for this information. I have found this very helpful, since I find myself in a similar situation. The main problem that I face right now, is that I am currently caught up in a los angeles personal injury case that is costing me a lot of my time and resources, leaving me little left to deal with my patent issue. This has become a major distraction from what is really important to me. Hopefully, if all goes well, I will be fairly compensated for my troubles, and have enough money to secure my patents.