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View Full Version : Wax dipped bears
karadawn
04-15-2006, 05:20 PM
Just got home from a craft show, and I was completely blown away to see
none other than Ozark Candle Company their with their famous wax dipped
bears (I'm in central Iowa, and they are located in Arkansas, which is
really several hundred miles away!).
Some of you may not remember the big deal that was made about these
online over a year ago, but some that make them may have gotten a
letter from their attorney asking to either stop making the bears or
pay a licence fee. I know several all across the internet refused,
saying it was outragous they had a patten on them. But the thing is, it
IS legal for them to do this since it's THEIR patten. Had I come up
with something original, I'd do what I had to do to protect my patten
to. After all, that's what a patten is for!
Anyway, we chatted with him a bit, and come to find out these letters
are no joke. They just won a case to the tune of $175,000! However, if
you are using soy instead of parafin, they admit they can't take you to
court. BUT - if you are using parafin, either pay the licence fee or
drop the bears. I don't think ANYONE wants to be sued!
I've seen a lot of bad things about this company being spread, but
honestly I can understand where he's coming from. I've had countless
ideas stolen from me, and unfortunately there wasn't anything I could
do about it. It hurts to see it too - your original, unique idea
completely stolen and profited from. It's flat out not fair, but that's
why we have pattens in place. This company took that step to make sure
their idea was protected, so noone has the right to fight them about
it. Some may claim they had made wax dipped bears prior, but that's
really for THEM to fight out and prove in court. For those that have
started making them (with parafin wax) since the patten has been put in
place, legally you don't have a leg to stand on. It may not be "fair",
but it's legal.
Thought I would pass this information along, since it's not every day
you get to personally chat with someone that's created such a big deal
in the candle world. smileys/smiley17.gif Also he had a
cute monkey with him too that was the talk of the show, and I don't
mean wax dipped lol! Cutest thing I've ever seen! smileys/smiley36.gif
none other than Ozark Candle Company their with their famous wax dipped
bears (I'm in central Iowa, and they are located in Arkansas, which is
really several hundred miles away!).
Some of you may not remember the big deal that was made about these
online over a year ago, but some that make them may have gotten a
letter from their attorney asking to either stop making the bears or
pay a licence fee. I know several all across the internet refused,
saying it was outragous they had a patten on them. But the thing is, it
IS legal for them to do this since it's THEIR patten. Had I come up
with something original, I'd do what I had to do to protect my patten
to. After all, that's what a patten is for!
Anyway, we chatted with him a bit, and come to find out these letters
are no joke. They just won a case to the tune of $175,000! However, if
you are using soy instead of parafin, they admit they can't take you to
court. BUT - if you are using parafin, either pay the licence fee or
drop the bears. I don't think ANYONE wants to be sued!
I've seen a lot of bad things about this company being spread, but
honestly I can understand where he's coming from. I've had countless
ideas stolen from me, and unfortunately there wasn't anything I could
do about it. It hurts to see it too - your original, unique idea
completely stolen and profited from. It's flat out not fair, but that's
why we have pattens in place. This company took that step to make sure
their idea was protected, so noone has the right to fight them about
it. Some may claim they had made wax dipped bears prior, but that's
really for THEM to fight out and prove in court. For those that have
started making them (with parafin wax) since the patten has been put in
place, legally you don't have a leg to stand on. It may not be "fair",
but it's legal.
Thought I would pass this information along, since it's not every day
you get to personally chat with someone that's created such a big deal
in the candle world. smileys/smiley17.gif Also he had a
cute monkey with him too that was the talk of the show, and I don't
mean wax dipped lol! Cutest thing I've ever seen! smileys/smiley36.gif
elfinsnow
04-18-2006, 09:55 AM
Thank you for sharing that Kara!
Terry
Terry
PeggyR
04-29-2006, 02:54 PM
Interesting... but what about parafin dipped non bear animals, stuffed dolls, etc?
Peggy
Peggy
karadawn
04-29-2006, 11:26 PM
Good questions and I couldn't tell you without reading the patten again. I can't remember if it was just for the bears, or for all stuffed animals. Best to do the research before you start to sell items like this. ;)
Eliz
04-30-2006, 04:44 AM
I was told this also at a Craft Show in Birmingham, Alabama at Christmas, the gentlemen I spoke to was quick to state if I did the Dipped Bears would have a lawsuit, This according to what I read would be rather hard to do since it would be difficult to prove that you did the Bears the same way as this gentlemen. If you just do one thing different there is no way they can say you are copying them. For example using two different waxes, or melting point higher or lower that what the company in question does. The article I read stated it is very hard to prove that you are copying someone else. I will continue to dip bears and I'm sure not copying anyone. It is fun to do and enjoyable as well.
