Seamrippin': 3D Puff Embossed Embroidery Patent? Cease & Desists??? WHAT!?!!!?
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- čas přidán 30. 06. 2024
- Sit back, relax, and enjoy the show! Going to take a deep dive into patents, but specifically the 3-dimensional applique technique patent that's been causing chaos in the machine embroidery world.
The creator I mentioned in the video is All Things Shun. Here is their video covering the letter they received from the patent holder: • No More Embroidery Emb...
Now for some fun. Make sure to read the pinned comment. Here's a short list of videos that use the technique well before the patent was even filed:
- This is a video from December 2013. That's 6.5 years before the patent was filed.
• Classic Trapunto with ...
- How about a video from Bernina?
• BERNINA Embroidery Sof...
- Hot dang! This video is a whopping 14 years old! That's 9 years before the patent was filed!
• How to Clip Trapunto B...
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Join the Sewhalla Discord Server!
We're always chatting up a storm outside of live streams and video uploads! Pop on by and have fun with us! We all float down here.
/ discord
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Twitch: / fiercekittenz
Threads: www.threads.com/@fiercekittenz
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I don't think I expressed this well in the video, but I'm on the community's side with this one. I think it's a crappy situation. I think that it's bullying to email creators and try to get them to pay a licensing fee, plus exposing other creators using or teaching the technique. What I wanted to caution with the video is that disagreeing with the patent's existence or the ferocity in which the "inventor" is going after people does not make the patent any less valid in the eyes of the law. Companies like CZcams, Etsy, Shopify, etc. are not going to care if the technique has been around for hundreds of years or if you've personally been selling products for X years longer than the patent has existed. All they are going to care about is keeping their companies safe from litigation when they receive a takedown notice from the patent holder.
I also saw the first video that talked about this situation. I did look at the patent, and I did see the patent holder’s name, and researched and found the name of the person’s business. Personally I think this going after people is just bullying. Her business looks like it’s not huge, and I think she sells clothing that she has used her technique on. I’m hoping people will research and find out more on their own. Personally I will not do business with a person who bullies perceived competitors like this person has done. And I think she is shooting herself in the foot. You don’t grow a business by bullying potential customers or even people you think MIGHT be competitors. I’m just not impressed. I know it is expensive,to do it, but I hope someone will challenge the patent. The patent is very specific about the method and it isn’t written super clearly, so a similar end result could probably be achieved using another method other than what the patent describes. This person is just creating ill will toward herself, and I truly hope it backfires.
Thanks for a great video! On January 5, 2003, I taped a show with Sue Hausmann for American Sews, demonstrating a 3D applique technique with stacked layers of batting under the applique. Also, a few years before that, another woman patented "shadow embroidery," an heirloom technique that other embroiderers had samples of from the 1950s. Balboa attempted to patent a "trapunto stitch," which was just an open tatami with travel on edge. It was denied. When stitching "in-the-hoop" projects, we often lay down a layer of batting that gets trimmed back to the stitch line. Since fabrics are then layered over the top of that, it could be construed as "3D applique." There's also a type of batting we used back in the 90's that resembled furnace filters, for lack of better description. It held its shape better than regular batting.
This is the kinda thing where I tell my brother about it and he says something like, "I never realized what a piranha tank the embroidery world was." I always appreciate your seam rips! 🙂
I just watched Berdetta Banners on embroidery in England, the person who sent messages of cease and desist need to reminded of history that is too many years to count to claim his stuff. India embroidery has been around for thousands of years. Can't claim what already exists.
Videos that that PREDATE her patent application is what she really wants to scare people into taking down. Because they show that the technique was already known and used and that she is not its inventor.
armchair lawyer in 2 countries (attorney + solicitor, but not a patent attorney) - had a detailed reply but dialled it back to say teaching a technique is unlikely to violate any patent and its not healthy to react to bullies (especially if they are unrepresented) but you need to take your personal situation into account. Also just cause a patent exists it may not be as wide as you think it is and for something like this prior art almost definitely applies.
If all aspects of the patent needs to be present, then I see an issue with the owners claim - item 1 is Applique. From my understanding, applique is material applied on top of other material, secured with a run stitch, cut around (or precut and just placed where run stitch indicates), then secured with a tackdown stitch. If that is what the owner actually references as the first item, then she already lost - there is no step like this in the videos I've seen regarding this technique. If ALL steps need to be present for infringement to have occurred, and this step is missing, then no infringement present (from my arm chair perspective). She isn't going after the big companies since she knows they have lawyers and she has no leg to stand on (that is my NON-LAWYER view point). Also, as you said - how well does this foam hold up in the wash? Probably not so good.
They have been using this techniques in gold work embroidery for a very a long time
I’m not a CZcamsr. I am a 67 year old woman who started my quilting journey 4 years ago. I have only hand sewn two queen sized custom memory quilts so I’m very inexperienced. I have two more quilts to make. I found your video very informative as my teachers are people like you. I wish that you had put examples though, that I could see what you mean. Thank you for this video.
Best words of advice: “Don’t piss off any lawyers.” 😂😂😂😂😂
Been looking at a lot of automotive upholstery lately. All that puff reminds me of some of the door panel techniques they do with foam.
Not an armchair lawyer but correction. There are two versions of machine quilting trapunto. You described the traditional where you leave the padding in place and use the right quilting stitches to create raised areas. There also exist faux trapunto where you most certainly do what this pattent describes. You put an extra layer of batting in between the backing and top material, stitch an outline, then trim away the excess batting and add your normal quilt batting. I’ve been a quilter since 2000 and have used this technique on many baby quilts. Additionally, in the machine embroidery world, this technique has been around a long time and it is not new even if it’s gained popularity. I started a set of key fobs using this technique with regular headliner foam or batting. Now I can’t finish this and list it for sale. The patent should never have been approved. It’s very unfortunate that there are such poor approvers in the trademark and patent process.
Great video, thank you
Fascinating. I had never heard of puffy applique thing on youtube. Yours is the first one I've seen...but I did do some puffy applique in the mid 1980s loosely following instructions in a sewing magazine (sew news???) Yes, 1980s.kind of curious about puffy app pique now...or is that again...
Thank you ❤
Love your comment "dont use you tube for lawyer advice" so many use tik tok for news and medical advice so i bet they are also using it for law advice also.
Just have to say I subscribed to your channel because you are very entertaining. As for the puffy/embossed embroidery patent, some of the bigger companies have instructions, like Ricoma, and there are many methods to attain the puffy/embossed look. I noticed that some of the foreign creators on Etsy still have puffy embossed designs for sale. So maybe the US patent does not pertain to them. So how many other machine embroidery methods have a patent? No patent for applique? Hmmmmm, maybe I should get one.
Where does the applique part come in with this puff embroidery? I've seen the videos, and I wouldn't make it anyway it's a pain in the ass.
I seen the initial video when it popped up. Idk why I watched it (probably because I'm lonely 😂) but I did. Interesting. Like you said, I find it interesting that it was small content creators receiving this email. I laughed when they asked for others names. Uhhh you want them to remove their content, pay a licensing fee, and snitch on others? The match ain't mathing. Shakedown vibes but what do I know. I also learned that you don't have to have a lawyer for a cease and desist. Wwwhhhaaattt? That's about as much surface scratching I did. So can people on digital platforms teach said technique and be safe? Does this patent cover all puffy embroidery things? I don't embroidery but I did find this is a topic that needs to be discussed. I also have my popcorn ready because the can of worms it just opened across the board...Cheers!