No More Embroidery Embossed Designs!
ฝัง
- เผยแพร่เมื่อ 3 มิ.ย. 2024
- I had some lady contact me stating that she has a patent for embossed embroidery and is going after TH-camrs, Etsy Sellers, TikTok Content and more because she does not want others to make money or gain subscribers using the embossed look. It's a money grab for her to make money from creators, crafters, and business owners by offering to pay her for licensing. I suggest that you remove your embossed content and DO NOT buy any licensing from this lady!
*** Link to the patent: ppubs.uspto.gov/pubwebapp/sta...
*** Patent Number: 10327486
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In a patent the most important part of it is the "claims". It must particularly point out and CLAIM the subject matter. This is made up of 2 parts, the preamble and then elements or steps of the named thing.
In this patent it is very specific, regardless of what was said in the previous parts of the application
Claim 1:
An article of clothing (note it definitely says article of clothing), then the order of the layers are
A: Applique
B: Clothing layer
C: Structure material
D: Backing layer that extends past the Structure material
E: Securing structure
A Securing structure goes through all layers (assume stitching but it does not exactly say that)
Claim 2: (child of claim 1), supporting structure is Flexible Foam ...
Claim 3: (child of claim 1), supporting structure is polyester material ... (quilters could argue this one ... I have been quilting since the 1970s with a machine using this technique)
Claim 4: (child of claim 1), supporting structure is Multi layered Flexible Foam ... (not really any different to Claim 2 in essence)
Claim 5: (child of claim 1), uses embroidery techniques (but does not describe them)
Claim 6: (child of claim 1), article of clothing extends beyond support backing (my read of this is that it is exactly the same as claim 1)
Claim 7:
An article of clothing (note it definitely says article of clothing), then the order of the layers are
A: Applique
B: Clothing layer
C: Structure material
D: Backing layer that extends past the Structure material
E: Securing structure
A Securing structure goes through all layers (assume stitching but it does not exactly say that)
Claim 8: (child of claim 7)
Securing structure comprises stitches (in this case what is securing the structures in claims 1-7).
"appliqué: sewing technique in which fabric patches are layered on a foundation fabric, then stitched in place by hand or machine with the raw edges turned under or covered with decorative stitching."
If it is referring to an overlay of stitches this is not clear in the patent ...
Claim 9:
An article of clothing (note it definitely says article of clothing), then the order of the layers are
A: Applique
B: Clothing layer
C: Structure material
D: Backing layer that extends past the Structure material
E: Securing structure
Claim 10: (child of claim 9)
Clothing extends beyond perimeter of support backing (this does not seem in itself to be any different to the previous parent claims)
In this regard even if Shun put her embossed lettering on an article of clothing the fact that hers was
A: article of clothing
B: structural material
C: backing material
D: Securing structure - stitching
Means that she is not infringing on this patent.
Having said this I understand that Shun will not want to push this at the moment because of the nastiness involved.
EXACTLY!!!!! 1,000,000%!!!!! This patent owner is sending out false claims. The title of the patent is THREE DIMENSIONAL APPLIQUE EFFECT. Not one person that she is contacting has been doing applique. We are doing an embossed method. Not applique. We are not infringing on this patent. End of story! Thank you for writing out all these details so clearly for others to understand what the patent claims and what we are doing
If they fit into the patent claims, yes. If they cover only one or two claims, those could be invalidated. But not only that. Anyone having knowledge of this prior art can ask the tribunals to invalidate the claims or the whole patent.
I also located other businesses that were making and selling this product before her patent date of Jun 25, 2019. From what I read she cannot patent an idea that is not new or novel, or a product/idea that is already published elsewhere and these designs were not new, other people were doing it first. Not to mention there are companies that make the dies for this exact design so regardless of how it's made since she is claiming this design is also her idea it's false. So I really would tell these content Creators to get together and go to the company of whatever platform or platforms you are on and report them making nfalse claims, wanting money/give out licenses (for something she doest even own) and requesting for people to give her a list of other offenders. I hope someone actually makes sure this isn't just shrugged off because more people have been amd will do these things and it hurting so many small businesses, she even said she was already flagging videos before she had actually reached out tl the creators.
Firstly, I am not a lawyer but I have studied historical and contemporary textiles and embroidery for over 50 years. Advance warning, I'm going to go on a bit but you all need some ammunition!
Her process is not unique nor does it have the features that would make it able to be the subject of a patent. This process or something very similar has been practiced and described in detail by artisans for hundreds if not a thousand years. Her lawyer clearly didn't check whether she had researched prior arts of which there are many. Neither did she realise that her process is pretty obvious to anyone with a basic knowledge of sewing, embroidery, quilting, trapunto, goldwork, stumpwork or any of the other areas where padding or stuffing might be used in conjunction with applique, which is another disqualifying feature.
Goldwork is a particular case to look at - applique of gold leather over 'raisings' as they were called traditionally, but it is basically wool wadding built up before the gold leather is applied over the top - sound familiar? I have a book that was originally published in 1983 called Goldwork by Valerie Campbell-Harding, reprinted in 1995 which describes the process of applying leather or another material over padding. There is another book, Glorious Goldwork by Sarah Rakestraw showing a piece on the cover that uses this technique - published 1/1/2018 - still before her date! There's also a book by Madeira (yes, the maker of your lovely embroidery thread if you can afford it 😂) - that was published in 1987 and also shows this traditional process - The Madeira Book of Silver and Gold embroidery! Latterly, they have been demonstrating this as a contemporary technique using their puffy foam at the Printwear and Promotions Exhibitions in the UK for many years and I saw it there long before the date of the patent application. I imagine they did shows in the US. Erich Campbell may know more on that score as he is a well-respected member of the embroidery community over there and I'm pretty sure he has taught this technique in one of his online seminars also. Madeira will not take kindly to her impacting their sales of puffy foam!
Worth a look also is Hand and Lock, UK's own King's embroiderer that creates all the ceremonial embroidery for royalty, robes for Lords, Military garb and so on. They teach this among other techniques and also use contemporary methods of digital embroidery alongside the traditional hand embroidery techniques. They've only been around for 250 years or so! And don't even get me started on ecclesiastical embroidery found everywhere in our Medieval churches and cathedrals - birthplace of Opus Anglicanum and associated embroidery techniques, of which padded applique is one, since the 13th Century.
I would suggest all affected write to her lawyer challenging her patent as invalid because it was a pre-existing technique and is obvious to anyone with basic knowledge of embroidery techniques. I made my son such items on my new Brother Super Galaxie embroidery machine with a hand scanner way back 25-30 years ago - 3D squirrels with fluffy tails, stags, all sorts of animals. No-one taught me how to do it, it was obvious!
Anyway, here's some links AKA rabbit holes for you to disappear down to arm yourselves with historical context and just cos it's all really interesting. Oh, and I hate bullies and people who try to keep art and knowledge under wraps. You can't tell can you?
HAND AND LOCK
handembroidery.com/
ERICH CAMPBELL
www.erichcampbell.com/
GLORIOUS GOLDWORK BY SARAH RAKESTRAW
golden-hinde.co.uk/product/glorious-goldwork-by-sarah-rakestraw-and-susan-hinde
THE MADEIRA BOOK OF GOLD AND SILVER EMBROIDERY
www.abebooks.co.uk/servlet/BookDetailsPL?bi=22550792751&dest=gbr&ref_=ps_ms_391300534&cm_mmc=msn-_-uk_shopp_used-_-naa-_-naa&msclkid=6576b1e017d416dcf914d78a32e52443
GOLDWORK BY VALERIE CAMPBELL-HARDING
www.amazon.co.uk/Goldwork-Valerie-Campbell-Harding/dp/0855327782/ref=pd_vtp_h_pd_vtp_h_d_sccl_3/258-9447753-2065011?pd_rd_w=cHHan&content-id=amzn1.sym.0024c6b5-da90-4821-b6c0-667e7c129058&pf_rd_p=0024c6b5-da90-4821-b6c0-667e7c129058&pf_rd_r=AZHAX09Q3CGGEQC87HRT&pd_rd_wg=31ahV&pd_rd_r=e7de20c6-2e70-4d7c-87f9-032bd03e5ebc&pd_rd_i=0855327782&psc=1
I hope that people will start to research more when you have so-called idiots that try to throw a scare into the arts. I'm with you, have done many of the arts and still do. At the moment it is with Metal...embossed for albums, and yep it's 3D. Once it pressed into a shape, letters mostly, you FILL it with spackling to keep it from being crushed. through wear......thus...trapunto style. BTW, I think personally, Maderia threads need to rethink some prices.
Thank You for all your research, sources, and explanation!
You are correct she is not the originator of this technic also, if you are not following her exact technic it's not a patent volition, but i'm not a lawyer and will be looking into finding lawyers who deal with copyright infringement
You all should contact the USPTO and protest this patent.
The technique of Trapunto (from Italy) is an old form of raised stuffed embroidery dating back to the 14th century. It has been expanded upon for centuries. There is also another similar version of raised images and letters even older originating from China . I don’t get how she can patent something literally in existence for hundreds of years. I think the only thing she could have patented is the name she’s calling it. But I agree this needs to be addressed. Maybe the textile artisans can reach out to Madeira or other major manufacturers to get their take on it.
Well, for one....that lady is full of it!!!!! I've been doing the so called Embossed embroidery for years...(82 to be exact) and the method is (technique) is TRAPUNTO, which is Italian for a stuffed stitch! Ladies, I sincerely suggest we go after those folks that are claiming they are so-called inventor's of a technique and turn the tail on them.
I’ll support!!!
It seems she is infringing on the Trapunto technique!😂. Manufacturers copy other manufacturers all the time! That's why you have the walmart brand, cvs brand, target brand, etc. Not a new concept lady so get over yourself! Gotta go! Have many embossed appliques to make😂
Exactly, I have been doing trapunto for more than 35 years
Companies like Anita Goodesign has collections about trapunto. Its where learned about it. I own some of them.
I had a beautiful quilt that belonged to mt grandmother before I was born in 1951 that was done using this technique on beautiful rose colored satin.
This gal certainly wasn't around in the 1920s or so.
She's using scare tactics to try & get people to pay her to use use sn ages old technique.
You’re correct. I’ve got about 40 years of this under my belt too. Trapunto is in old books and literally dates back to the 14th century.
I was going over the patent, and it is for the applique that she does utilizing layers of materials. Embossed embroidery is not an applique.
@allthingsshun THANK YOU for doing this video! I was the first person she contacted and demanded I cease and desist, remove my video and stop selling the alphabets. With a patent infringement, you need to be violating ALL the claims. If you look at the very first claim on the patent, the word APPLIQUE is there. We are NOT doing applique. End of story. We are NOT violating her patent. She does not even know what her patent covers. She does not sell the embroidery files nor does she teach the process. The problem is the USPTO gave her a patent for a process that has been used for centuries!
So what is the process WE ARE DOING? Stabilizer, foam, garment. That's it! What is HER PROCESS? Stabilizer, foam, garment, APPLIQUE. These are different processes.
A few people are speaking with patent attorneys to have this patent reviewed and possibly disputed because how can she get a patent for something she did not invent?! It’s just a money grab for her. There is no way I’d give her my money for a license.
Even if it used appliqué, that can still be trapunto. All you do is cut open the appliqué area from the back and stuff it with filling (like for stuffed animals) or batting, then close it up again. That is hundreds of years old.
@@gerriebell2128 Agreed 1,000,000%!!!!
please send me her stuff, and see if she is up to the task. How many couture designers sue for techniques? None, they keep their designs quiet until the fashion show, 😒after that they know that knocked offs and copycatter will always come with merchandise.
@@AllThingsShun I’m going to print several expired patents she used to apply for hers. One is almost all her proposal. The previous patents granted were for something similar yet the companies applying for a patent listed the process but as commonly known and done but pointed to their specifications for production as their , specific fabric, paint, ink, filler weight and how much air on the foam, the weight of the backing 🙄 Honestly, I feel Iike ready to challenge her for fraudulent licensing claims.
That lady is crazy. She has a patent to a very specific technique or process. She can't just send an email to anyone she thinks may be infringing on it, she has to send a cease and desist letter that spells out exactly how her patent is being infringed upon by that person and she can't send the letter via email from what I've been able to find out. I wouldn't be intimidated by her and take down my videos just because she sent an email. By the way, the person's name is Roya Saberzadeh and her business is Roachie's Originals. She's also on LinkedIn.
She can send whatever she wants. If you send her money, you did send her money.
Yea I hope she knows sending these all out and causing this ruckus made it so everyone can find her, her full name, places she works and other things she does and making claims like she is or stopping /freezing funds in people account and stuff just not going it make it the best environment or community (not at all to be confused with a threat I am just saying things ca get quite spicy when things like this happen between small businesses and stuff) that it should be, we are all already fighting with the big vendors and businesses and stores and they are already taking so many small businesses down so they can have even MORE profits 🫠
It's trapunto, a centuries old quilting technique. It's not new and can't be patented.
Just call it "Trapunto Embossing" and use felt instead of the craft foam, and she can't touch you. Bonus, felt lasts longer than craft foam, which degrades in the dryer.
USPTO should be ashamed for issuing a patent on an art form/technique that is in the public domain.
Make her hire attorneys to stop you.
This needs to be challenged by all the art communities.
LMAO!!!! Exactly!!!! I have been sewing for over 15 years this Is a JOKE!!! Girl Do You!! She dont have Paper That Loooooong to even Stop 3 people!! This Has Been Around FOR YEARS!! There is NOTHING NEW Under The SUN!! lol
Another name you could use is stump embroidery.
It’s patented, however, the patent may have been attributed to her in error because examination was not done as it should be done. Researching for prior art is a nasty job.
Yes I agree, most likely poorly checked at patient department because "female" skills are often over looked. Shy why research old embroidery technics.
they cant own a style of artwork. that's like saying nobody can make charcoal pencil drawings because 'someone patented it'. this seems like a 100% scare tactic to get her way
I agree with you 100%!
You need to look at the patent. It is very specific, with exact measurements and refers most likely to electronic machine designs using this technique. No one can stop you doing whatever you like in your own home if you aren't selling it or claiming the technique as your own invention. The thing is, if the person named in the patent is selling machine embroidery designs or tutorials using this technique, then clearly they are expecting people to use the technique, albeit for their own personal use.
@@warpedweft9004 You can get a licence and then you are allowed to do what you do, also selling products based on the invention.
@@abambo9202 Knowing what I do, you might be able to get a licence to demonstrate the technique and sell a few finished products but I very much doubt the person owning this patent is going to allow you to design and sell electronic designs or products on a large scale without an equally large scale cost for licensing.
This is exactly trapunto! I’ve been doing it for quilting for 30+ years. Way before 2019. This lady only patented it so she can say it’s hers. I totally agree with fighting back!
So we can call it Trapunto (which it is) and we are good??
Since her "patent" is more than 9 months old, the only way to challenge her is to take her to court and have it removed. I read a bit of her patent and it's vague at best how her's is different that what has been since over the last 100 years. I would respond to her and tell her your ready to file patent as being too vague and asking the courts to remove her patent and tell her that there are a lot of other sewers backing you on this one. I will gladly supply you with old newspapers where this technic has been used since the 1920s and earlier. I believe even Singer early machine manuals had a couple of pages on this too. Don't give into this woman.
Every maker/creator should demand a cease and desist letter from her lawyer. My lawyer charges $500 to write a letter. Let's make her pay if she is so interested in preserving her "money making: patent.
'
Good idea!!!
If she hurts your channel, you could sue her for damages. The patent doesn't cover you making the content. It covers selling items using the EXACT method she has in the patent. If you use a slightly different process it would NOT infringe on her patent. It is also illegal to reach out with that type of verbiage. If she had a lawyer that first step is a cease letter to inform that person that something has been infringed on. A utility patent is almost worthless. Watch Shark Tank and see them laugh everytime a person says they have one.
If this were actually allowed, thank about it. No one could make content about a GE Aircraft Engine works or how anything works.
Sir, you are absolutely correct. This woman if she even had an Attorney would have had to research the Technique and that would take months!!!!! That emboss look is Trapunto! It's Italian for stuffed stitching. Quilters have been doing this for centuries....
@@kittyrings so I kept doing more research on the push back. All we have to do is show a video pre-2019 or a written material pre-2019 that this process is widely known and used. END OF HER PATENT.
Her patent mistakenly doesn't include how the fabrics are adhered (stitched). One could only assume by hand.
@@edrivenstudioslevar There are videos all over using Trapunto. This technique dates back to the Fourteenth Century. It is a Quilter's technique, and they used the batting. My grandmother taught me this and she is German descent and we did it by hand. Of course, now with sewing machines that can do these embroidery techniques much faster. If she tries anything, it will be very expensive in lawyer fees for her. th-cam.com/video/hzHTMCSYpMQ/w-d-xo.htmlsi=YdzmUBa0My65UEEh Here is a link to the technique from Heirloom .
I have my suspicions as to who the person who owns the patent is. If I am correct, then there is a lawyer in the immediate family and they have been doing this sort of rubbish, unchecked, for decades.
@@edrivenstudioslevar go looking for old machine embroidery magazines, especially those published in Australia and in the USA. Also go looking for machine embroidery websites. You'll find what you want.
Sounds like a scam for her to get money from people. I am glad that many here looked at the patent, as I did. Like someone had said in another comment this has been around a long time before her patent come into being.
I can't believe that lady thinks she "invented" a centuries old technique, and that she was given a patent for it. Ridiculous.
Exactly!
It is actually more than that. The technique is from the 17th century.
Whoever signed off on this patent needs to be fired. You can not patent a centuries old sewing technique, this situation is utterly ridiculous.😡 I hope you find a way to regain your right to demonstrate your work and creativity.❤
Exactly my thinking, I’d call her bluff to be honest. Do a tutorial not mentioning the look but rather the old traditional style and avoid any reference to this woman’s design and see what happens.
I said this exact same thing!
I believe a similar technique was patented in the US before 2018. I suspect this may have been by the same person, but it still brings into question how anyone can patent something that has been an age-old technique. My only thought is, that this is computerised machine based, and therefore the patent may only apply to computerised machine created work, and even then, only for something for sale.
@warpedweft9004 Something else to consider is that this patent, if at all enforceable - which I sincerely doubt, will only apply to US manufacturers. So, any creators outside of the US can do as they please.
@@zen_rt that hasn't stopped them in the past. I know of Australians and NZers who have been taken to court in the USA for infringements of US patents and have had judgements against them without any knowledge of there being any legal action being taken against them.
That claim needs to be challenged. My mom had a pair of coveralls in the 1950's that I put on my first child in 1974. The knees had the embroidery/technique used. Adorable bear and text with the filling under it. Quilters also use this technique.
Maybe she needs to be sued by Wilton. They have a 3d puff embroidery video on you tube that dates back 10 years. I would use that as reference and send to her and the US patent office.
I have to say we were doing this very technique back in the 1990’s who does she think she is! You could buy commercially made hats like this forever….i would band together with other crafters and tell her to bring it on!
Band together and file a class action lawsuit.
Ignore her & let her sue everyone she calls out. She can send her lawyer after you first. Sounds like she's on a bullying power trip.
I agree!!
So is she going after all the big name software company’s that include this in their software along with all the Etsy sellers out there? This is ridiculous.
I doubt it, but she recently started sending this crap out to everybody just recently so we will see.
If it is the person I think it may be, she may have an association with one of those companies. One such company tried to tried to go after Ebay sellers and their customers years ago and a court injunction stopped Ebay from handing over customer details. There is a Wikipedia article on it. while it paints the ESPC in a much better light than I know is the case, much of the information on there has a basis in truth. Unfortunately they targeted a lot of innocent people and designers in the process and allegedly made a lot of money out of doing so.
Sarah Galleos made a video about embossed embroidery in May 2018 before this patent.
I am in agreement with everyone here. This technique was not invented by her so therefore she cannot get a patent on it. Only the inventor has the rights to it unless she created a specific technique for doing it she can only patent that technique. This can andf should be challenged in court. I do not embroder anymore so i am not in this but i am supporting everyone who is and does this technique. If the patent says she uses foam in her technique and use use felt then you are not in default and not violating her patent. I would come up with a new technigue and move forward she has no rights to your technique only hers. Patents are very specific. She is using a broad term here. I wish all of you the best. Just someone trying to make a name for themselves. The question is , is she doing these designs herself? or is she just grabbing up patents. Some do. My advise is come up with a new way of doing this and start creating. YOu have rights to. Unless you just want to cave and let her win and loose business for you. She is just trying to corner the market it sounds like. My heart goes out to you all. Greed is the devil's work. God has your back. :)
I purchased my first embroidery machine in 2000. Many years prior to that date I had been viewing embroidery designs and fonts. Embossed designs, fonts, and software used to digitise said style were all available then. How can she take credit for all of that? This lady needs to be challenged, everyone else should just " keep carrying on "😂❤ Good luck everyone.
@@jesspeak7543 I agree she needs to be turned in for fraud.
@@jesspeak7543 I'm not familiar with the technique, but I was wondering, are there fonts on embroidery machines specifically conducive to that kind of style?
The craft industry getting to the point that we won’t be able to do anything anymore.
I was thinking the same thing sis! The prices of machine and supplies are study increasing, people stealing crafters work & images, now this crap… unbelievable
it is mostly illegal at that. Can't send emails like this and threaten legal action or to purposely flag someones content, especially if haven't proven that what is being done violates any patent.
That's been awhile interesting
Most things in the craft industry are old enough that you can't copyright them in the USA. Always be suspicious of copyright claims on anything craft related. Most everything has already been done and done well centuries ago, making it subject to creative commons in US law. Also, copyright and patent laws are strange and complex. You need a good attorney to advise you on them.
@@AllThingsShun
Totally agree
Lol! That lady is nuts! Embossing is basically a fancy applique method using various materials, OR it can be a knockdown stitch method. Both of which have been around long before that woman was ever born. I don't know what is more unbelievable, the fact she had the nerve to call this her own technique, or that the US patent office actually issued her a patent. What a nut job! Gal, you keep doing what you are doing. Who needs embossing anyway! Lol! You have great content! ❤ BTW she may be a total scam artist. Paperwork is easy to fake.
She has to be extremely crazy doing this!! Lol!
I wonder if content creators can make videos about the ORIGINAL technique “TRAPUNTO” giving historical technical detail linking it to its’ original use. Remove ANY MENTION of whatever the ‘PENDING PATENT’ person is referring to and continue creating with NO MENTION of the trendy new name for an old technique….TRAPUNTO which was around waaayyyy before this person or the trendy was a thought. This sounds like a money grab. Especially since the person says you can PAY to get a license to use the trendy technique which is in fact the very old technique known as TRAPUNTO. GOOD LUCK CRAFTERS…..create honestly authentically and boldly…but don’t allow others to push you around.
Great idea!
You are correct - it is a money grab. It's been going on since the early 2000s and goes away briefly when they lose in court, only to resurface again some years later.
yes they can if it's the traditional method. That hasn't, and can't be, patented. They just can't use any of the specific, electronic computerised techniques she has patented.
I wish we could find a great patent lawyer to take this on. I’d be willing to help fund a go fund me.
see the link i posted. Let's FIRE! back. This is crazy.
Where’s the link because we definitely need to push back at her!
Where is the link? I would also contribute to a go fund me, you can’t change the name of a technique and call it your own! Trapunto has been around forever and one reason why flexi foam was made! As a matter of fact, there are a few big embroidery sellers that even sell their own brand foam for there projects for this technique
Sorry to hear that felt the need to react on her absurd ramblings, I totally understand that you feel the need to protect yourself. She won't be the first or original to make such absurd claims . I saw that her patent has been pending for many years but not as long as the embossed embroidery aka Trapunto has been around, earliest physical examples circa 13th century is on display in the Victoria and Albert Museum in London, UK. She may have a patent pending but it will never be granted, people have been using these techniques for hundreds of years, I'm sure even in her grandiose ideals she wouldn't be able to show proof that she was around then. Please don't let this type of person shake your artistic talents. Best regards from Cornwall UK.
This may be the same person that was trying to do this back around 2015-17. The letters then would state that the patent was pending but never gave you any details. Be careful - their partner is a lawyer and this person will go to any lengths if they think you don't know what you are talking about. They will go away, however, if you clearly state your case and the correct law dealing with your case because they know that they don't have a leg to stand on.
This just happened to a designer very recently. She sells her embroidery machine designs on etsy. Because she didnt want to "DEAL" with it also she just took it off of her esty site. Etsy can be very hard on you for no reason. They will permanently suspend your account and you cant buy or sell on them ever again. I felt bad for her. She worked hard on her alphabet design and customers were loving it. It all seems strange to me since this has been being done for many years way before 2019. Need a lawyer to intervene and interpret what she is saying is correct.
We went through this in 2006-2008 and it was machine embroidery then too, and Ebay. The company doing this was eventually stopped by a group of embroidery designers, some of whom were lawyers, and the help of the Electronic Frontier Foundation. The EFF will be able to give assistance and help out with information to anyone who needs to pursue this further. We stopped it once, you can do it again.
@@warpedweft9004 Thank you very much. Shared it with the designer.
I did and she now's has more hope
Other companies with embossed broidery: Look at Nike, Adidas, Gucci, Lagerfeld, basically any clothing manufacturer. In addition: all the machines doing this will infringe the patent etc etc.
For a patent to be valid, it needs to be novel and inventive in that sense that the average craftsman/engineer can't come up with this idea. Obviously she fails that simple test. If, however, she has an innovative idea on how to make these broidery, you do not infringe her patent by doing it in a different way.
The issue here is that she is obviously a patent troll. Money is being made by scaring people with no knowledge about the patent laws. She won’t sue anyone, but it may well be that youtube plays their game and will at first hurt you.
The first one who will put in the money (because it will cost money) to invalidate the patent will succeed. Isn’t there a non-profit organization that’s doing that to protect small businesses from patent trolls?
She’s out of her mind. It doesn’t take rocket science to do it yourself. Who did she steal it from!
As a patent holder myself and an artist who did this on my children’s clothes back in the 1980’s, I am sure she will lose the patent in the end. The patent will be contested by many companies and artist with published proof of prior art. I made my daughter’s baby bib with this very same technique. There was a kit company selling this exact style you could make by hand or sew on your machine. Definitely not a novel technique. I think I have an antique quilt from 1800’s with all the elements she is claiming only non synthetic fill. Foam, fiber fill, cotton batting are all common fillers foam being the cheapest. Her patent is so laughable and given by an examiner who most likely has no experience in this field.
I've just remembered the name that the sewing machine company used to hide behind. They called it ESPC, Embroidery Coalition Software Protection coalition, and at one point they tried to get a whole much of sewing machine manufacturers to join.
My dad has several t-shirts from name brands with embossed lettering on them and some are many years old. This isn't a new technique at all and I feel if she would try to do the same to those brands she would lose in court. So instead she's going after people who can't afford the time and money to challenge her claims. I'm so sorry this is happening to you and other creators.
Ralph Lauren has embossed Polo shirts in their stores!
That's how it works. Scare who you can into believing you. Someone needs to contact the big names using the technique already, let them know and see how she does going head-to-head with them in court.
Additionally, section 5 where they say they invented the cross-hatch stitching underneath the applique is not true. That has been around in Machine Embroidery, to my knowledge for more than a decade. It's a technique that is written into all machine embroidery design software. It's called underlay and without it, large areas of stitching pucker. It was then used as a technique to create raised machine embroidery and so-called embossed embroidery and applique. I bought a couple of designs using this technique long before 2019. I tried it and didn't like it. I've also done machine trapunto ((not using an electronic embroidery file) and I'm pretty sure it was from a book published long before 2019.
The information you are providing is great.
This is like saying someone trying to patent cross-stitching, no???! I call BS
The link to the USPTO approved patent is listed in the description box.
Cricut did this same thing to Make The Cut and Sure Cuts A Lot years ago. They lost a lot of money and customers. As Shun said it's just a trend that won't last long anyway. The bigger companies file lawsuits. Be safe crafters.
Yeah this news is crazy! I want to see if she goes after Ralph Lauren because they have some embossed embroidery shirts I recently saw in the store!
It’s on a lot of hats too. This technique has been used since at least the 80’s. If you look at the actual patent it is for the foam on top of fabric with a satin stitch not bean stitch or other types of stitching or even foam on the back of a design. I don’t understand how this person is claiming a patent for a technique that’s been around for forty years.
@@elizabethstratton6173 the woman's demented! That technique is ancient! Described in numerous books on Goldwork where you layer up padding to get different heights then applique gold or silver leather/fabric over the top plus some decorative stitching/cord/bullion...... She's a classic example of someone who knows very little but thinks she knows it all and therefore 'invented' something.
You shouldn't be able to patent something like that. Ridiculous! Imagine the selfishness
Yeah this is crazy!
Or the idiot in the patent office who signed off the application!
i can’t believe they allowed her to get a monopoly on something that preceded her and that others base their business on! “no one wants to come to my house to play with dolls, so i’m going to purchase m’tell and they’ll HAVE to come to me!” eww.
Kudos to you for sharing this info to other crafters….sorry everyone is going through this…
If it didn't stop Henry Ford, don't let the fear tactic stop you.
Thanks so much for this information. I have never used it or tried to purchase it from anyone.
Thanks for the heads up....
Thank you for the information
An email is not legal service.
It’s not, but I also did not want to get a strike on my channel so I removed it. 1 tutorial is not worth my channel!
Thank you for the heads up
You’re welcome
Thank you
That is wild and she had the nerve ask if you wanted to tell on other creators. But thank you for the info!
That's what gets me, trying to get fellow crafters to "snitch" on others. That's extremely petty. I'd go to the grave with a list of names before I'd help someone like that.
Yeah, I had a good laugh when she said that!
Exactly! I told her I’m not giving you nothing, figure it out on your on chick!
this is a trapunto technique around for many years.
Thanks for sharing.
This is what she is saying she created according to the patent. It is making an applique then attaching to a garment with foam insert. Then sewing around letter to connect 2 articles together. The trapunto effect of sewing letters around foam is not the same technique. Embossed embroidery without an applique is not the sane as her patent. Here is what she says she patented.
th-cam.com/video/xXniueGFs_Y/w-d-xo.htmlsi=7UN2K49xBJDv3Rfh
no, there's more to it. You need to read what she also includes in the patent at the end - all 5 points.
Please contact a Lawyer & protect yourself.
Someone need to challenge the patent. Obvious the patient office didn't realize this is actually a very old technic and not new so a patient should never have been granted.
Yes, you should challenge it!
Thank you for sharing this information. That really sucks!
It definitely sucks!!
They tried to this with herbalist and Fire Cider name, a bunch of herbalists banned together and they won in court that they cannot trademark the name as someone had tried to do. This could apply here as well.
I agree!
That's because you can't patent a concept or an idea/name in common use for a long time. But you can patent a specific part of a new take on the concept. In this case, trapunto itself can't be patented, but a technique using specific computerised machine embroidery technique could be as long as it wasn't called trapunto and didn't encompass hand stitched traditions that have been around for centuries. The patent can't stop you from creating your own versions or your own finished works of art for your own personal use either. You just can't make and sell design files using the technique or demonstrate the technique where there is the potential to earn from the demonstration. If you buy such a design, you can use it for your own personal use. You just can't sell anything made with it, nor teach/demonstrate with it. That is, you can't do anything with it that makes money.
Where it gets murky is whether you can sell or give away a design you bought and no longer need or want. You can do that with printed books and physical works of art, but as far as I know, the law has not yet caught up with electronic products. Even selling on a CD of electronic designs you no longer need could potentially be issue because you could have saved a copy then sold on the original but the same could be said of a vinyl record or CD, and you can sell those second hand. Its why so many software companies have resorted to monthly fees to use software instead of outright purchase. In the USA such things need to be patented, but in most of the rest of the world, they don't. As long as you have proof that you published/designed it first, that's all that is required. That in itself is a problem for those living in countries like Australia where there are no punitive damages awarded, only actual damages. How do you prove and quantify your losses? The cost of doing so and taking legal action to recover actual losses is way more than you'd receive in compensation. Unless you are a big corporation, you can't afford to defend your IP.
Thanks for sharing❤
You are so welcome
You can't own a style of something--a patent is to protect a process. If you can create a look independent of that process, then there is no legal claim.
I’ve watched several videos of embossed embroidery and didn’t realize it was patented. I haven’t tried it, but I know I won’t now. Thanks for posting this video.
It's not illegal to use the technique for your own personal use. There would be no point to patenting something if the person owning the patent wasn't intending to sell the technique to people to use for personal use. It's why they do it, so they can make money from selling the designs/technique and others can't. You can't sell something if people can't use it.
As others have said. Legally you can not patent a process This would be that and it doesn't matter what she has actually tried to patient, the law will tell her that if she tries to go to court. The same style and technique has actually been around for a long time and if she wants to fight over it she needs to call John Deere from embroidery legacy because hes been doing it and his grand father did it. So if she wants to play ball les go. She can only patient a design font or logo that she has created with the techniques. Sorry for her. Hope she has fun with that.
Yeah the patent office is crazy for approving this.
I'm a newbie so I don't understand exactly. I have purchased on etsy embossed frames designs for using on towels and such so my design stitches don't sink into the fabric but sit on the embossed frame area. Is this meaning I can't use those anymore?
That is a different style and method. Embossed towels should be fine
She is reaching out to people on Etsy to remove fonts or apparel that they are making/selling. So any embossed design can’t be made.
You can use them. You just can't sell anything you make using them or teach anyone else how to use the technique. If you purchased them prior to 2019, the date of the patent, then they would be very useful in proving that this person did not invent the technique, and that it is in the creative commons and therefore can't be patented.
A US patent is only good in the US - unless she filed one in every patent office around the world she can't stop the overseas people from selling this. It is as someone said an applique technique (which has been around for years) puff foam embroidery is not applique - wonder if she has tried going after embroidery machine manufacturers as their applique and foam designs are built in?
I wish you had shown the style of embroidery you're talking about, because I'm clueless. Thanks for posting about this.
Just google embossed embroidery
I'm curious as to what this embroiderery looked like.
Did you do it the same way she did? Some people get their knickers in a twist about thinsg. I was selling sewing patterns online and received an email that I was to cease and desist. I called my lawyer, he put me in touch with a lawyer that handles this sort of thing and basically Simplicity didn't have a leg to stand on. I heard back maybe 10+ years, someone tried to stop the use of the word MOD insisting she had come up with it first and had trademarketed it. Hmm. Aparrently she had never heard of the MOD Squad (old TV show) and all the other things that the word MOD was connected with. She was basically being an idiot telling people that only SHE could use the word, no one else. I believe the first problem with this woman is she is touching base via email and she can't prove that you ever got notified. Well in your case, she does since you responded to her. She should be sending out these notices via registered snail mail. Did her lawyer send those notices out? Is she trying to do this without a lawyer which it sounds like she is and unless she is a lawyer she is doing things wrong. Even her response to your email is wrong, as you don't go asking to have other people turned in. That is her job to find them or her lawyer's job. Hope things go well for you.
When it comes to sewing, it is amazing what people think they have discovered something new but it has been around for a very long time.
How can she patent applique? Someone needs to counter-sue.
💯
Would it be worth it?
@@mildredpierce4506 Back in 2006-8 a company was doing just this. They took people to court and the lawyer violated the law by not telling people that they were being taken to court. So when the indi designers didn't turn up to court to defend themselves, the company was awarded compensation, including tens of thousands of dollars in punitive damages,. Yes it is worth it unless you want to end up being tens of thousands of dollars in debt.
You keep using the phrase "embossed embroidery". According to Liturgical Arts Journal, embossed embroidery is centuries old. It appears on the vestments of priests several centuries ago. I recall seeing embossed embroidery back in the sixties on clerical robes. Is this person talking about a specific design or the technique itself? How you can get a patent on a technique that is centuries old is suspect.
Feel free to read all 15 pages of the patent yourself!
The patent is for the technique.
@tinatremblay yes I've heard of this sort of nonsense before. I was contacted by one said lady whom informed me that she was the on,y one that could make that particular bow. I was dumbfounded. How can a person own a bow style? But she did, just like you are talking about here. 2:36
This country is going to hel…….
@@AllThingsShuncan you email me the patent info.
The patent is junk anyway. There's a thread on reddit about it. You cannot patent a process. Bit like patenting how to cook an egg by frying it in a frying pan. Whatever next!
I agree with you! This is just a money grab on her part!
So anyone getting attacked by her and having published their video prior to the filing can threaten to invalidate the patent on the basis of prior art. The filing date is Feb. 17, 2015.
I am surprised they haven't gone after this sooner with the puffed embroidery effect
It’s only for the embossed effect, we can still do 3D puff designs
How can her patent apply to something so general?
That’s the million dollar question that has everyone so confused… how was this even approved?!
I worked in civil litigation for 30 years. Reply to her email: bring it.
I have not been contacted, but thank you for the information. I just deleted my video😊.
You're welcome!!
Same thing happened to me, I make baby blankets and was told that I can’t use the looped ribbons around my blankets. The looped ribbons are patent!
OMG what?! That is crazy!
I am looking at embossing a Tee shirt and all that is used is a straight stitch with foam. Does she have a patent on straight stitch and foam? That is all that is used. I agree this is trapunto.
I had a tee shirt with a foam backed, 3-d effect 45+ yrs ago.
It’s crazy that this patent was approved!!
This woman is crazy! How does she think this is any different from trapunto embroidery? It's the same raised effect idea, is she nuts? She didn't start any new trend and neither was it her idea.
It is basically the same thing. Her patent mentions it. I'm not going to not make what I want. I don't sell or make money off of anything I make so there isn't anything to come after. I'll make what ever I please.
She didn’t invent embossing so I don’t understand how this patent was even approved!
Today , 6-14-2024, new here, but it makes me want to learn about all about how to do this. Blessings!
Please do not stop.
She had the nerve to ask for a list. She probably already looked at your list of subscribers on here...Block her!!!
Unfortunately you can’t block anyone from seeing your channel but you can make your subscriptions to OTHER channels private
I blocked her on every social media where I could find her and her business. I ain’t giving her nothing!
@@AllThingsShun oh no.. invite her in. Get her contact information, so we can file damages. She went about this the wrong way.
@edrivenstudioslevar I have all of her info!
@@AllThingsShunpost it under the “here is how to contact her if you have any questions.” And if you want to do this technique for your own personal use, she can’t sue you. She only has a claim if you make money from it.
I haven’t been doing this for long and all the content I watch on youtube has been given freely and I am most thankful, subscribe, like & purchase through the links! Thank you TH-camrs’. Don’t know what this person’s issue is but we can never sell to everyone! There is room for everyone…
It’s all about greed!
@All Things Shun just out of curiosity, did you verify there’s a patent in place in the global patent system?
I got the patent documents directly from the government website USPTO
Can you post a link to access the patent?
I searched for it and can’t find it. Used both the patent number and the wording you gave and it doesn’t come up.
Go to USPTO home page, click on patent search, basic patent search, enter patent number 10327486
there is no such thing as a "global patent" this patent is for the US only. If she wanted a patent in other countries she has to apply to each one individually. Her patent is very specific and states "applique" in the first claim. So if it is not applique any subsequent claim is irrelevant. Claim 1 also states "garment" it does not cover designs or video content. For her to even try and get that as part of the patent infringement is just whistling in the ether.
How can a 'technique' be patented??
Exactly!!
If I was a TH-camr in Russia, and she puts in a claim and I counter it meaning I provide my information so we can take it to the courts to decide, how would go about it?
What if I do a tutorial about it on a TH-camr and it was not monetised, will she come after me?. There are people making and selling embossed applique and embroidery, does she run around shops looking for them?
So sorry that this happened to you. I totally agree with you in not paying her for anything.
Yeah it's not worth it.
It won't stop people from making these items. The method has been around for a long time. Take me to court and I'll prove it. I read through this patent and couldn't believe she got the patent office to issue a patent in the first place. I've seen this very method on clothes and accessories since at least the 90's when mom made similar things.
I'm so shocked at how cutthroat and nasty the craft world has become.
Facts!! Greed
It is getting ridiculous!!
Even longer than the 90s.
How old is this person?
She looks to be around 60
I didn’t even get a chance to try it on my pe800
yes you do. As long as you don't sell any designs or products made with it or demonstrate it for money, you can do as you please in the privacy of your own home. There would be no point in patenting something if they couldn't sell or teach the technique and what would be the point if people couldn't then use it?
I have a lot to say on this but firstly, the method that has been patented is a method that has been around for hundreds of years and as such I don't think that it would stand up to a challenge in court. I'm not sure how they got the patent because a similar technique was patented a few decades ago and there were a lot of designs created from 2008-2016 that used this technique. It was also printed in magazines and online articles and tutorials. The thing is, patents like these are so specific that they are easy to work around. If this was patented in 2019, then it has used something that someone else has already published but who may not have had the money to patent it. In the US patents are necessary for IP ownership, but they aren't in most of the rest of the world. You only have to prove prior publication. I'm pretty sure I know who the person is who submitted the patent, and that person is well known for this kind of thing. They were publishing this technique too, back in the day, and were trying to threaten people back then too. They are not, however, the sewing machine company spoken about in the next paragraph.
Going back some decades, there was a lawyer working for a sewing machine manufacturer who was taking people to court in the USA for what their lawyer claimed was violating that company's designs /IP. These people were not doing any such thing in the vast majority of cases, but most were buyers of alleged pirated designs who had bought them not realising there was anything wrong with the purchase. Buying in itself is not illegal, although selling pirated designs is. The problem was that the company was sending letters of demand to buyers and allegedly some to court, and also designers that the company alleged was infringing their copyright, whether the designer had or not. The company had reached an agreement with Ebay to hand over lists of buyers of the alleged designs and these buyers were sent letters demanding reparations. There were claims that you also could not resell the original CDs of designs that you had bought either, and people who bought original, secondhand CDs from these platforms also received letters. It came to an end when the EFF stepped in to stop the handing over of customer details to the company and there were allegedly questions raised about the lawyer and the methodology concerned. After the EFF stepped in, everything seemed to quieten down. There was also a significant improvement at the time, in the quality of the designs flooding the market from indie designers, together with a massive drop in prices for designs and this may have contributed somewhat.
The craft world, unfortunately, can be an absolute dog fight and because of this kind of sickening behaviour, I eventually shut my design business down and cannot bring myself to machine embroider these days. It just brings back so many bad memories that I can't enjoy any of it. I now avoid all and every craft group, preferring to design and work on my own, on hand embroidery and quilting, as a hobbyist. My advice - don't turn a craft-based hobby into a business unless you want to destroy all enjoyment in that hobby. It's not worth putting up with all the back biting and jealousy it seems to attract.
This is stupid and makes me angry! How can someone Patent something that was being done years ago! 😡
This is outrageous!! this can not be legal, applique is a very old art, you all should do a suit against this crazy, what is next? So if somebody patents a skirt we should pay for the right to wear one?
We should flood her business page with facts. Who is she? I will be the first one leaving review
give the person this ,The ancient Egyptians developed the process of embossing and used it on papyrus documents to create a raised design.
This reminds me of the "author" a few years ago who tried to trademark the word "Cocky", and the authors she harassed fought back and won. People are stupid. The embroidery technique has been around for centuries. How dare she try to patent it? That "patent" should be challenged.
I agree! This patent should have not been approved.
You are new to me and this is my first video of yours I am watching. Your 'friend' who is attempting to stop you better try her little hands at stopping several major Embroidery Machine companies that already have the technique PRE-INSTALLED on their machines. So, don't have a clue what this lady is playing at. The major embroidery machine companies would (if she'd dare) just flick her off like lint on a lapel.
She is not my ‘friend’, she is looking to make money by any means necessary
Are you all able to find any videos about the design that were created or uploaded prior to the initiation of the patent? It might help to discredit the patent owner.
I will definitely check!
Hello, people have been doing this for years. So her applying for a patent doesn't count. Keep doing you
The patent was approved in 2019. It’s not worth her flagging my video and my channel getting a strike.
The patent office gives a patent to anyone who pays the fee. She didn’t come up with the stitch. She put a patent on it to make money 2 ways. I’m glad to see you didn’t give her any names.
Yep!
That’s insane.
Also, is it only in the USA, or worldwide?
I believe it's only in the USA.
This is great information to know. What I want to know is how can this person patent the look of embossed embroidery? Isn't embossed embroidery more of a look than a design? The person is acting as though someone stole an idea from her. I must have missed something regarding this patent. Needs to be looked into.
Exactly! She did not invent embossing!
Furthermore, isn't that like saying I came up with the idea of offsetting text (like you would in the design software) - oh and by the way, you can't use it unless you pay me. In that case you would not be able to purchase embroidery machines, hoops, etc. that create the embossed look for that matter. She probably needs to be investigated.
@@AllThingsShun Nor did she invent trapunto which is fabric embossing in the quilting world, nor did she invent applique, which this also is loosely based on.
She also didn't invent the words Puff, Puffed or embossed. She's delusional.
She has an indefensible position. I think everyone should ignore her until she gets lawyers involved, then challenge the pants off her.
Edit to add - If she's freaking that people are using craft foam, just use felt. Stack it as high a s you want the embossed effect. My gift to the world. No charge. 😁
Even with a patent it only applies to things you are selling. If it’s for personal use, she has no claim.
@@gerriebell2128 not necessarily ... it depends on the wording of the patent. You are thinking of copyright.
What is the point of even having a pattern, or it [any pattern] even existing, if it could end up with the person using it, [the pattern] being sued. The thought/scare of copyright infringement has scared me for years and years. [And years].
So that woman is trying to patent the trapunto? Hell nah, that's older than Columbus' discovery of America 🤣 And in that case, she should pay Italy for the Copyright and Intellectual Property. I smell a scam and I bet you can find a good copyright lawyer that can help you out with that. Her story reminds me of more than one designer that were claiming property of Oaxacan embroidery patterns and many others that go around the globe stealing other cultures design styles, claiming they invented it and want to stop the original creators from continuing using them. The audacity is strong in that woman.
Yes, the audacity is unreal!
🤣 the funny part is, she is really shooting herself and her business in the foot in the long run. There is power in numbers. With that attitude, she is going to wish she had that wide spread visibility. Ppl follow different channels and influencers for different reasons and different POV. She can't reach them all, even in sales.
Exactly! She just wants to make money off licensing the patent. It's just a money grab for her.
Another note, other businesses and creators can challenge her patent and licensing. She will get a taste of her own medicine soon enough.
Just quickly looking at it on my phone. It appears to be an application to extend a patent that was created in 2015. Not sure if she’s the originator or if patent is pending or approved.
It’s interesting she is trying to do all this without an attorney. Sounds like bullying.
@@PaulaYvetteCreates I know who patented or tried to patent the one in 2015 and I think this might possibly be the same person as I can't see the original patent owner letting that one lapse or be superseded, but it is possible that the original one wasn't tight enough and they have simply tightened it up with this iteration The letter of demand/cease and desist is the MO of the one I know. The patent isn't in a name I recognise, but that doesn't mean much. Last I heard she was not living in California, but it is possible it's been patented there because of a possible association with someone licensed to practice law in California. I wouldn't be too worried as it is clear due process isn't being followed. However, you and the content creator here don't really want to go down that rabbit hole and be dragged into unnecessary stress and harassment, so just ignore her and her technique and let her lose all that free advertising. It'll come back to haunt her when no one wants to know or care about her and her technique. TBH I tried it and it's pretty crappy. there's much easier ways to do it, with much nicer results. Not something I'd ever want to have a go at again.
Oh wow! How does this work?SMH. You are much more!