Section 4, Contest II

SECTION 4 ANSWERS:

If you didn't hear from us, sorry, you didn't win this week!

 

In post 1 Berta says that she became well known since she started selling on Ebay in 2000, but in post 3, her earliest Ebay feedback is from 2001.

 

In post 2, Berta says that she started selling "thread bears" in 1999-2000, but her earliest ad (since she didn't show any other) from 2001 shows that she was selling sewn bears when Sue was selling crocheted bears in the same magazine.

 

In post 5 it shows Sue was selling patterns and collectibles as early as 1995 in commerce and her earliest feedback is before Berta's, but Berta leads people to believe she was the one to bring "a whole new bear to collectors," as shown in post 2. Even though she admits in post 2 that when she started "there was not even a hand ful thread animal artist) and I'm proud of that." Proud of what?

 

We are giving Berta an opportunity to show evidence for her earliest advertisement of thread artist bears, since she has stated that the evidence we provided wasn't her "first" announcement, just her "newest." It is what it is, but we'll give her an opportunity. So, Berta, where is your evidence?

 

Post 1: One of Berta's comments on our blog

 

Post 2: A statement made by Berta on a public forum

 

Post 3: Berta's earliest eBay feedback as a seller

 

Post 4: Our earliest eBay feedback as a seller

 

Post 5: This is just one of our earlier pattern advertisements when we were Divine Designs (you can refer to our "About Us" to verify our previous business name)

 

 For anyone who would like to verify our advertisement, it can be found in the 5th Anniversary Folkart Treasures magazine from May, 1995. This is what the cover looks like (our ad is on pg 22):

 

 

Berta, this is the only early advertisement (in commerce) of yours that we have found, which is a sewn bear. We've even included the front of the magazine, and our advertisement of a thread crocheted bear on the previous page. We could not find anything before your 2001 announcement for your new crocheted bears. Since you have said that what we have shown (from your evidence) wasn't your earliest ad for crocheted bears, we are giving you an opportunity to provide it below.

 

Your advertisement (the sewn bear with a blue knitted outfit)

 

Our advertisement on the previous page (the blue, thread crocheted panda)

 

Front cover of the magazine

 

 

Post 6: Berta's evidence of her earliest advertisement of thread crocheted miniatures in commerce.

 

 

 

 

 

 

 

Section 3, Contest II

 SECTION 3 ANSWERS:

 Since Bobbie and Berta are being steadfast in their lies about the patterns, which do concern us, we are continuing that discussion. If you didn't hear from us, sorry, you didn't win this week's section!

 

Supposedly Berta had a pattern printed in 2001 (post 1) so she would've had a copy to sell or trade when the question was asked a year later. She made no mention of any patterns but said "design your own" in post 3. Then not giving druannapegg any indication that she was going to sell a pattern, she offered it two weeks later which was after Sue had already sold some.  

 

In post 4 Berta states sue was 'upset and jealous' because of her first pattern sale, but in section 3 Sue's pattern sold for a high price which Sue sold before Berta (with Sue's $280 receipt). She also says that nobody had sold patterns for these until she did in 2002, but in post 5 she states that she knew Thread Bears had sold patterns and kits from at least 2000.

 

Post 1: This was obtained from Berta's evidence at the Trademark Office in regards to her first pattern/kit 

 

Post 2: Berta's listing for her first kit/pattern (taken from her evidence at the USPTO).

 

Post 3: Berta's response to Druanna Pegg's question about patterns on a bear forum

 

Post 4: Another statement from Berta's paperwork at the Trademark Office. Hint: Berta is the Plaintiff, we are the Defendants. 

 

Post 5: Yet, another statement taken from Berta's submissions at the Trademark Office

 

We are giving the owners of these words and images full credit. All statements that were obtained via USPTO were for the Thread Teds by Thread Bears® proceedings. Links to verify any of the publicly posted information is available upon emailed request.

 

Section 2, Contest II

 SECTION 2 ANSWERS:



In post 7 Berta is saying that there weren't any patterns for "crochet teddies," but then says it was her "turn" to write down her "knowledge of thread bear making." If there were no others, then how could it be her "turn?"

In post 1, Berta telling druannapegg "design your own" tells me she didn't have any patterns available or that she ever made any. At that time, Sue was listing her pattern again (posts 3-6). By the time Berta had offered her patterns there were already some available, and makes her post 7 of why she came up with patterns (that there weren't any) a discrepancy.

Post 1: Taken from Berta's evidence at the USPTO. Berta's response to a publicly posted question on multiple bear forums. (Initial question is at bottom of post) 

 

Post 2: My first email reply to Druanna

 



Post 3: My second correspondence to her about the pattern

Post 4: Email correspondence about another pattern request

 

Post 5: The receipt for my eBay pattern sale

Post 6: An email from the pattern winner


 

Post 7: A public posting on the Thread Animals blog on 9/1/08.

 

 

Prelude

Everyone's entitled to an opinion

That is, except for us.

And when it comes to our business situation--

How dare we make a fuss!

 

Our competitors can get away

With saying whatever they please.

And comments about our business remain

So long as ev'ryone else agrees.

 

A certain SOMEONE and her friends

Are allowed to whine about us,

But the minute we chime in and make a comment

We are then considered a cuss.

 

We've responded to the lies

By setting the record straight.

Our information and comments get swiftly removed,

'Cause Thread Bears® is easy to hate!

If you continue to hear one side of a story,

You begin to believe those words.

And what other choice do you have, by gosh,

If the other side's never heard?

 

We asked permission to comment

On a topic that needed addressed.

Though we were permitted to talk about our business

"It was removed due to membership request."

 

Forums that continue to allow

The trademark misinformation

Are leading others to read and receive it,

Which is adding to the confusion.

 

Since we had no public voice

We started our own public forum.

Where anyone can comment on any blog post,

And so far, these poems don't bore 'em!

 

It seems as though some need a reminder as to why we are having this contest. This is not an attack. This is our response. We and others have tried to respond to lies about our business on public (and private) forums--such as their blogs, Teddy Talk, Facebook, Thread Animals, and so on. But, typically, those comments get removed.  And since only someone in the wrong hides... we are airing it all out. We even allow other people to give their excuses and opinions on here without deleting them. The ones in the wrong, however, delete anything that is displeasing to them. We allow these comments to remain because we believe that every time someone comments on here, they are exposing more of themselves. So obviously, the ones that don't want the truth out there are going to work hard to try to get us to stop.

 

And really, everyone reading this, think back, who starts these discussion about us? And when do these discussions get removed? When we post about us or our business.

This is just one example of why this is on our blog...

 

Bobbie brought up the discussion of our trademark on an irrelevant Teddy Talk thread, publicly giving her misinformation. Please pay extra attention to her last paragraph...

 

This is a message we sent to Sue Ann, the moderator of Teddy Talk, in regards to the above topic.

 

A week later we responded with this comment that Sue Ann said that we were within our rights to post. We had only confirmed what Mary and another artist had questioned about what Bobbie said.

 

Though we had calmly discussed our business and brought facts to the front, as Bobbie suggested, this thread was still removed. This is the letter from the forum administrator stating that the discussion was removed due to membership request. So, we know that the ones who don't want the truth and facts out there were the ones who had this deleted.

 

 

Section 1, Contest II

Here, Berta, is the email that we were referring to in our comments.

Section 1 ANSWERS:
The winner of this week's section has been emailed--so if you didn't hear from us, sorry, you didn't win! REMEMBER, the person who wins the most weekly sections wins the prize--so it's still anybody's game!! These are some of the discrepancies they found:

•  On post 1 Berta starts selling "crochetted bears" in 2001, but lies in post 5 that she has been selling them since 1999/2000. This [woman] must have lost a year or two.  😑 She even says in post 4 that she was "well known" for these in 2000, which was before she even started selling them.

 

• In post 3 Berta even says that nobody was making these things except for Sue Aucoin. She stated "there was no competition for you," even though she's trying to take credit for it.

 

• Berta says in post 3 that Sue wasn't the one who "discovered the thread bear," but Sue didn't have any competition and Sue was the one who called these things "thread bears" in post 2, not Berta.  Even Sue's business name was threadbaredesigns. 

 

• The bear in post 7 has a copyright 2000 date on it with the name "threadteds." In post 1, with Berta's first crocheted bear announcement in 2001, it looks like her business was b-wear at that time, not threadteds.

 

 

 

There are those kind of people

Who want to be The First.

Though sometimes, they're not,

And to them, that's the worst.

 

They get angry and jealous,

They don't wanna be the small fry!

So they take accomplishments

By deceiving and lying.

 

You can tell a lie continuously

Until your face turns blue,

But just because you repeat it

Doesn't mean it will be true.

 

When you try to take recognition

You're bound to step on toes.

The person who was The First

Has some evidence to disclose.

You weren't the first to offer the concept,
No matter how much you declare.
What the double-whammy is:
You weren't even first to call 'em "thread bears!"
 

Though some artist may shrug

At a "harmless white lie,"
When it's against us,

You better believe it will go awry.

All images are of public domain.  Full credit is given to the author(s). Click on images to enlarge.

Post 1: Berta's Announcement on a group (you know she never misses an opportunity)

 

Post 2: My email response to her announcement. It has been brought to our attention that Berta has lead people to believe that there was more correspondences from me.  However, this "complimentary" communication was the only time I contacted her prior to trademark ownership. Email taken from Berta's evidence at the USPTO exactly as it was submitted, with her hand-written note.  

Post 3: An email from Berta 

 

Posts 4-8: Posts or profile information of Berta's on various websites and public forums

Post 4:

 

Post 5:

Post 6:

Post 7:

 

 

 Post 8:



 

 

Direct links verify to all these public postings are available upon emailed request.