Very serious problem in the reborn world

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Brooke
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Re: Very serious problem in the reborn world

Post by Brooke »

I just don't get it. That's like saying someone can have a trademark on the name "pumpkin pie" or "high heels". I would really, really love to see the document from the US Patent and Trademark Office granting her this mark. Somehow I feel that she may have applied for the mark but doesn't really own it.
It is time to go to the USPTO to do an online search to see if her claim is true. I would, but I have to go get ready for my concert tonight so I don't have the time.
chelle77
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Re: Very serious problem in the reborn world

Post by chelle77 »

TamaraLynn wrote:
Thank you for the link!! :foryou:
chelle77
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Re: Very serious problem in the reborn world

Post by chelle77 »

Brooke wrote:I just don't get it. That's like saying someone can have a trademark on the name "pumpkin pie" or "high heels". I would really, really love to see the document from the US Patent and Trademark Office granting her this mark. Somehow I feel that she may have applied for the mark but doesn't really own it.
It is time to go to the USPTO to do an online search to see if her claim is true. I would, but I have to go get ready for my concert tonight so I don't have the time.
Its all been proven that she does own the trademark~~We are working on gathering donations to help revoke that trademark :D
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georgeanne
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Re: Very serious problem in the reborn world

Post by georgeanne »

I found this on the USPTO site. Read through it, she is including a broad range of the types of dolls. There are so many companies this potentially affects.

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LINK TO TSDR LINK TO TRADEMARK ASSIGNMENTS LINK TO TTAB VUE ( Use the "Back" button of the Internet Browser to return to TESS)
Mark Image
Word Mark REBORN BABY DOLL
Goods and Services IC 028. US 022 023 038 050. G & S: Ball-jointed dolls; Ball-jointed porcelain dolls; Ball-jointed resin dolls; Ball-jointed vinyl dolls; Doll accessories; Dolls; Dolls and dolls' clothing. FIRST USE: 20150426. FIRST USE IN COMMERCE: 20150426
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86618275
Filing Date May 4, 2015
Current Basis 1A
Original Filing Basis 1A
Published for Opposition January 12, 2016
Registration Number 4991256
Registration Date July 5, 2016
Owner (REGISTRANT) Amy D. Wilson INDIVIDUAL UNITED STATES P.O. Box 812 Calhoun GEORGIA 30703
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BABY DOLL" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
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HunnyBunMama_Steph
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Re: Very serious problem in the reborn world

Post by HunnyBunMama_Steph »

Steve, that is the very basis of our appeal to have the TM reversed. I am also in contact now with VERO through eBay to see if I can reason with them so that they stop pulling reborn auctions. They are truly "sleeping with the enemy" if they play along with this fraudulent TM situation. Reborn artists have been a huge source of revenue to them for years, so much so they created a special category for us.
~Stephanie~
http://www.hunnybunsrebornsupply.com
"Quality & Service Second To None!"
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Sandis Doll House
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Re: Very serious problem in the reborn world

Post by Sandis Doll House »

Just when I thought I'd seen it all, another fruitloop shows up. I didn't think you could trademark an idea. So she thinks she can handle the demands of the reborn world by herself? Her dolls are less than impressive. I hope this can be reversed. As a collector I signed the petition in support of all doll artists. I guess this squirrel head didn't think that for some, reborning puts food on the table. People never cease to amaze me.
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lastingmemoriesnursery_Debra
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Re: Very serious problem in the reborn world

Post by lastingmemoriesnursery_Debra »

Hi everyone. Sorry I am not checking in here. Bobbi Barfoot, Stephanie Tackett and I have been working all day We are in contact with a lawyer and have started the go fund me account. you can see more on my FB page but the latest update is a plea I will copy and paste. This is going to be a journey and it is going to cost so please listen to the plea we may be able to handle things with a simple letter if we dont get this woman in an uproar and wanting to fight every move we make!
PUBLIC SERVICE ANNOUNCEMENT: Hello Reborn Community. I come to you with a plea. Please do not message, comment, call or harass Amy D. Wilson, The Original Reborn her husband, or their businesses in any way shape or form. Please do not share her photos, her auctions, her photos of her or her family. We (Stephanie S Tackett Bobbi Barfoot and I ) are currently working with an attorney. By continuing to harass her it will only make our jobs harder. We are a vast community one that is passionate about what we do. With that comes a lot of hot passion and words are said that can not be taken back once posted. Screen shots are taken etc. If you want to help please sign the petition and please donate to the gofundme account. Links in comments If you need to vent please do so privately to a trusted friend. We assure you we are working extremely hard to have this matter settled. We are in talks with ebay and etsy as well. This is not a sprint ladies and gentlemen this is going to be a long marathon. Thank you all for coming together to better this community and For your support to keep what we have all worked hard for ! Debra C. Jadick, Stephanie Stephanie S Tackett Bobbi Barfoot ps please share this everywhere in all groups and personal pages.
Here are the links

https://www.change.org/p/international- ... reason_msg
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Shannon
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Re: Very serious problem in the reborn world

Post by Shannon »

Here is a link provided on another forum about the trademark:
http://www.trademarkia.com/company-amy- ... 5-page-1-2
lastingmemoriesnursery_Debra
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Re: Very serious problem in the reborn world

Post by lastingmemoriesnursery_Debra »

Update from this morning: Good morning everyone. I am getting hundreds of pms asking where we stand in the reborn community. This is all I have to offer.
The trademarks are Legal Trademarks. she followed all of the proper channels and she legally trademarked the names Reborn Baby Doll and The Original Reborn. Unfortunately the trademark and patent office did not do due diligence in researching the terms. Their only issues were with the term Baby dolls. Nothing on the Reborn portion of it and from what I have seen in the exhibit that term was not researched at all. so where does that leave us the Reborn community as a whole? Well we can file an appeal to have it revoked. However, it is $300.00 per trademark so a total of $600.00 with no guarantee that it will be revoked and it can take a year or more to be heard in court. We can hire a lawyer and do a class action kind of thing (I doubt it is called a class action) and the lawyer can file for us citing all the ins and outs of case law but that will cost even more money and again no guarantee that it will be revoked. I do know that multiple people in the community are working to find an answer unfortunately the answers are not going to be easy and are going to cost money. In speaking with Cherry White Stephanie S Tackett Cheri B Ziegra and a few others this morning. We are proposing that a group be formed with Stephanie running it. Stephanie is one of the founding members of the Reborn community she knows the history better than any of us. We are considering gofundme, crowd source etc to raise the funds needed as each time a person files it will cost those fees. So there is no sense in each of us filing separately. I am reaching out to Tracy Cheyka and Bobbi Barfoot as they too have been beneficial in getting the information , petitions etc set up. This HAS TO BE A COMMUNITY EFFORT. Meaning that we all have to come together on this not have a million groups trying to accomplish the same thing with no results. We are a strong community and we can do this if we work together and put differences aside. This also means that we all have to do more than just talk the talk. We will ALL have to donate to the cause in order to have everything paid for and filed. No one person should be responsible for that as this effects everyone to some type of degree. Bobbi Barfoot is going to set up the gofund me account. When we all have more information we will pass it along!! Edited to add In the meantime please continue to share the petition and sign it.
lastingmemoriesnursery_Debra
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Re: Very serious problem in the reborn world

Post by lastingmemoriesnursery_Debra »

and finally the latest update: I just hung up with the Law Firm they handle cases like this. We have to come up with a minimum of $2000.00 for a retainer that is for 6.5 hours of work. That is all! $300.00 per hour. which will be billed against the retainer. They are confident that by them writing a letter asking her to abandon the trademark , reiterating that is a generic descriptive term etc that we should be able to have this wrapped up shortly. That is IF and that is a big IF she does not fight us on it. If she fights us on it that means court. The attorney will stress that it is in her best interest to just abandon it.
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TamaraLynn
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Re: Very serious problem in the reborn world

Post by TamaraLynn »

lastingmemoriesnursery_Debra wrote:and finally the latest update: I just hung up with the Law Firm they handle cases like this. We have to come up with a minimum of $2000.00 for a retainer that is for 6.5 hours of work. That is all! $300.00 per hour. which will be billed against the retainer. They are confident that by them writing a letter asking her to abandon the trademark , reiterating that is a generic descriptive term etc that we should be able to have this wrapped up shortly. That is IF and that is a big IF she does not fight us on it. If she fights us on it that means court. The attorney will stress that it is in her best interest to just abandon it.
We are very close to that goal!!! :toast:
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Re: Very serious problem in the reborn world

Post by lastingmemoriesnursery_Debra »

We have increased the go fund me as well because of the post above :-) UPDATE: We have been able to locate an attorney, who has been successful in previous trademark cases and we feel his firm, can effectively represent our case to get this trademark cancelled. We have increased our Go Fund Me Page goal, to allow us to pay the retainer fee to get this attorney working for us as soon as possible, and pay any extra time over the retainer if needed. Thank you for your support of our industry and coming together like the family we are! Thank you Bobbi for writing this and taking care of the gofundme!
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Re: Very serious problem in the reborn world

Post by lastingmemoriesnursery_Debra »

ps once we have reached enough to hire and pay the retainer we will post the receipt as well.
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Suzanne
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Re: Very serious problem in the reborn world

Post by Suzanne »

I signed and donated to the go fund me... I tired to share the link on FB on my page, but I am on my work computer and it wont let me go to FB but I will find a way when I get home..
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HunnyBunMama_Steph
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Re: Very serious problem in the reborn world

Post by HunnyBunMama_Steph »

Thank you Debbie for all your hard work today!
~Stephanie~
http://www.hunnybunsrebornsupply.com
"Quality & Service Second To None!"
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Shannon
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Re: Very serious problem in the reborn world

Post by Shannon »

Do we still need legal representation if the petition signatures are obtained to overturn the trademark?
chelle77
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Re: Very serious problem in the reborn world

Post by chelle77 »

Thank you Deb,Bobbi and Stephanie
You guys are awesome!!

I donated and shared the Gofundme link !
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HunnyBunMama_Steph
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Re: Very serious problem in the reborn world

Post by HunnyBunMama_Steph »

Shannon wrote:Do we still need legal representation if the petition signatures are obtained to overturn the trademark?
I suspect it will not work that way. I think we have to go through all the legal steps using an attorney, who we have selected and spoken with. I think the petition just gives us proof of widespread support within the dollmaking community. We are going to bat for the BJD people, too, don't forget! You're on her trademark papers as well.
~Stephanie~
http://www.hunnybunsrebornsupply.com
"Quality & Service Second To None!"
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Steve
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Re: Very serious problem in the reborn world

Post by Steve »

I don't want to complicate things but am curious if per this thread, http://www.doll-fan.com/viewtopic.php?f=6&t=374974 , if the trademark holder is asking for ebay to take down auctions which do not infringe or use the mark of "reborn baby doll" if that helps. Should those who have been effected by erroneous take-downs be keeping track? Seems to me there is some potential abuse going on.
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HunnyBunMama_Steph
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Re: Very serious problem in the reborn world

Post by HunnyBunMama_Steph »

Steve, we need to have those posts, so thank you. I don't get in here as often as I would like. I will use screenshots of each of those posts to give to the attorney. It does bolster our case. Especially since this individual claims now that her motives were simply altruistic and she was trying to put all the Chinese kit counterfeiters out of business on eBay. Perhaps this has just been the Law of Unintended Consequences at work.
~Stephanie~
http://www.hunnybunsrebornsupply.com
"Quality & Service Second To None!"
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