INDEPENDENT NEEDLEWORK NEWS

Gay Ann Rogers has a very special offer available right now through her blog. For just $10.99, which includes postage within the US, you will receive the pattern for this stunning 4″x4″ (on 18 count canvas) design.

It’s shown in five different colorways because Gay Ann’s goal is to encourage you to stitch the design in YOUR choice of colors — and to experiment a bit with not just color, but also with texture by choosing among the wondrous variety of threads available.

Are you someone who, like me, always intends to stitch something for everyone on her gift list … but then never quite gets to it? Problem solved! Gay Ann says this lovely little project, which she calls New Year’s Resolution Ornament #1 (oh, that must mean there are more coming!), can be completely stitched in “two ‘television watching’ evenings,” so if you order now and get started right away, you could conceivably have all your Christmas gifts for 2008 stitched and at least ready to finish by the time spring rolls around (depending on the number of people on your gift list, of course )!

Besides stitching them in any of the numerous yuletide colorways which are so gorgeous (such as silver and gold, blue and gold, blue and silver, red and green, etc.), you could make one in reds, whites, and pinks for Valentine’s Day; then in pretty pastels for Easter … purple, green, orange, and black for Halloween … You’ll be able to use this design over and over no matter what the occasion! And it stitches up so quickly, you’ll want to make a second one in every colorway you try just to keep for yourself, too!

I also think this ornament would make a beautiful starting “centerpiece” in a quilt — or just imagine it in a crazy quilted piece, especially since it’s so versatile! This is a design absolutely every needleworker will not just love, but use over and over again.

To order, please email Gay Ann Rogers directly to request an invoice.

Also, if you would like some company while working on your New Year’s Resolution Ornament #1, please join the Shining Needle Society Home Room Yahoo Group or you can email Kate Gaunt requesting an invitation to the group.

Technorati Tags: Gay Ann Rogers, New Year, resolution, ornament, Christmas, Valentine, Easter, Halloween, all occasion, crazy quilt, quilt, needlepoint, counted thread embroidery, canvaswork,   needlework, Shining Needle Society, Kate Gaunt

Once again, this post is specifically relevant to the designers already involved with, or contemplating being involved in, the new venture owned by Donna (of Stitch A Painting), Karen (of The Art of Stitching), and Rick (of Rick’s Chart’s), which I highlighted in my earlier posts, “Designers Wanted,” and “ATTN: All Designers Who Were Interested in ‘Designers Wanted’ Article.” (Donna, Karen, and Rick will be referred to from here on in this post as DKR.)

I have been challenged by Rick to provide you with even more factual information than I already have: “You should check the facts of your stories before you release them!” All right-y, then — here you go, Rick!

MY INVESTIGATION ~ FACT-CHECKING

When I initially tried to contact DKR on January 4, 2008 using the email address support@designsondemand.org, my message bounced back saying I needed to be part of a particular Yahoo group in order for my message to go through. This quickly led me to the discovery that DKR’s Yahoo Group was set up such that its messages are public. Thus, I can share with you their own words — their messages — as evidence.

Unfortunately for anyone who might be represented by DKR, their messages show a lack of professionalism or good judgment. It’s always best to watch what you say about others — especially in public. Burning bridges is generally ill-advised. Speaking negatively about current and — perhaps even more importantly — about potential colleagues, clients, or customers simply is not done by those with good business heads on their shoulders. Such behavior looks just plain bad, and when done in front of the whole world … well, there’s just one word for it: “Oops.”

These things are especially important when you’re just starting out and nobody’s heard of you. Otherwise, when you inevitably become yesterday’s news, you may wish the first impressions you’d left were different.

Further, DKR’s own Yahoo group messages prove the many inaccuracies and flat out falsehoods in DKR’s statement. I will focus on a few specific issues which exemplify this (even if it does require another article the length of a masters thesis).

THE BIGGEST LIE: DKR DID NOT SEEK LEGAL ADVICE

Rick, writing on behalf of DKR, makes several statements claiming to have sought legal advice regarding the domain dispute issue. He says, “Our legal advise [sic] tells us we would win this dispute if … ” Later, he continues, “In pure frustration I contacted a lawyer and showed him all our correspondence. He told me legally she can’t do anything about our site.” Further down the page, Rick states, “My legal advise in a nutshell is … ”

The problem is, Rick is lying. According to messages 819, 820, 824, 861, 866, 870, 932, 952, 959, 960, 983, 1004, 1013, 1020, 1022, and 1023, neither Rick nor any member of DKR sought legal advice. Rick, who lives in Australia, was on vacation in the Gold Coast of Queensland when the Scheperles contacted DKR about the trademark issue. (Not that he couldn’t perhaps have still sought legal advice while on vacation, but the fact is that he did not do so — as proved by his messages.) DKR emailed the Scheperles saying Rick would cancel his vacation in order to go see a lawyer, and also threatened the Scheperles would have to cover the cost of Rick’s plane tickets. DKR wrote several messages discussing what they would tell the Scheperles the attorney (the one Rick never saw and never intended to see) had said. DKR then actually DID send the Scheperles a letter advising them what their fake attorney — the one they never even telephoned! — had said. Right up until they sent that email, DKR had bad intentions, but a chance of redemption. However, as soon as they ACTUALLY sent the email, they had acted in what is called bad faith. Then DKR lied to all the world on their website, claiming not only to have received legal advice, but again making false statements about the content of that non-existent legal advice. The totality of DKR’s actions constitutes the legal definition of bad faith.

(Had DKR really sought legal advice from a flesh-and-blood attorney, they would have learned they were not the party legally in the right, and perhaps backed down much earlier — before they ended up looking so foolish as they now appear.)

WHAT IS BAD FAITH?

Bad faith is one of the elements the Scheperles would need to prove in order to get their original domain name dispute resolved through ICANN.

From InterNIC’s FAQ on the Uniform Domain Name Dispute Resolution Policy (UDRP):

In order to have the domain name transferred or cancelled, the trademark holder must establish (1) that he has a legally recognized trademark in a name that is identical or confusingly similar to the domain name; (2) that the current registrant of the domain name has no legitimate rights in the name; and (3) that there has been some evidence of bad faith or abuse.

The Scheperles’ trademark is identical to the domain name DKR chose, so the first element is met. DKR have no legitimate rights (meaning they have no trademark issues of their own which pre-date those of the Scheperles), so element two is met. Usually, element three is the hardest to prove because evidence of bad faith or abuse is often difficult to get. In fact, it’s often impossible to get when the infringing party really didn’t intend to infringe upon someone else’s trademark. (Of course, when that’s the case, the infringing party usually says, “Oops … Sorry … My bad … I’ll get another name … Just please don’t sue me!”)

However, in this case, thanks to DKR’s Yahoo Group’s public messages, the element of bad faith is EASILY proven — time and time again! Next to making their messages public, DKR’s biggest problem is that they never bothered to educate themselves on the legal definition of bad faith.

ANOTHER LIE

DKR also claim publicly on their website and in emails to the Scheperles, “We paid to have all our banners and graphics altered to try and please her.” This is another lie, and, by definition then, another example of bad faith. Per messages 824, 1037, 1038, and 1039, DKR actually did all the work on their website themselves (and they did very nice work very quickly, too). However, they purposely didn’t put pages online as soon as they could have because they didn’t want to give themselves away. They only claimed to have paid someone else to do it to try stalling the Scheperles from pursuing their legal rights to their trademarked name. DKR also conspired on several occasions about selling the designsondemand.org domain to the Scheperles for as much as $300 (after DKR had only paid $10 for it). To support this outrageous cybersquatting price, they contemplated claiming they had hired people first to design their logo and then to redesign it in order to meet the Scheperles requests. DKR also purposely delayed opening their new site at needleworkdesignsondemand.com — because they didn’t want people thinking it was too easy for them to make the transition (message 1202)!

LUDICROUS DEMANDS

Also in their diatribe, DKR wrote, “After adding the above link the blog entry that [sic] had not be [sic] approved for over 90 minutes … ” They then followed, “We will give her 8 hours to approve the comment.” They conclude with:

I am happy to report Heather has approved Karen’s response to another persons [sic] comment on Heather’s blog. All we are asking for is a fair chance to put our side to the public and now Heather is giving us that chance.

I must have missed the part about when DKR hired me to work solely for them, much less the part about what my assigned work hours are. I wasn’t even home on January 22nd for a period of about ten hours, and Rick’s comment arrived rather early during my day out, so there was no way I could have approved his comment and then removed it, as he claims occurred. I haven’t seen a job offer, a contract, or a paycheck, so I don’t know what gave DKR the idea I should be sitting by my computer waiting for comments from them to arrive.

Incredulously, DKR believed me to be so much under their control that they considered sending me an email threatening me with libel if I did not put back Rick’s comment (which I had not yet approved at that point, in reality).

The truth about my approving Rick’s comment is entirely different and, more importantly, completely innocuous.

ABOUT APPROVING RICK’S COMMENT ON INN

All comments submitted to INN are moderated to prevent SPAM. I am the sole moderator. Contrary to Rick’s apparent expectation and belief, I do not sit by my computer waiting for emails or comments from him (or anyone else) to arrive (and he thinks I’m the one with a big ego, LOL! It’s really too bad they didn’t put up the draft in which they said I am a legend in my own mind, don’t you agree?). I actually do have a life with other obligations to fulfill, so when Rick submitted his comment for approval at 2:20 p.m. central time (3:20 p.m. eastern time, as the date stamp on his comment shows) on Tuesday, January 22, 2008, I was not even home. I had left the house around noon, and I returned just after 9:30 p.m. So, it was not until after 9:30 p.m. my time that I even learned Rick had submitted a comment.

To test why Rick thought his comment had been approved and then unapproved, I logged out, then submitted a comment for approval myself. That comment appeared on the site just as it would if it had been approved, except it had a message next to it saying, “Your comment is awaiting moderation.” I believe Rick simply didn’t notice the message saying his comment was awaiting moderation (it’s easy enough to miss, in my opinion), and therefore thought his comment had already officially posted. When he checked the site later and the comment wasn’t there (because it still hadn’t been approved because I still wasn’t home), he then erroneously concluded I had removed it.

What really happened is that I approved Rick’s comment for the first and only time at around 10:00 p.m. central time. At the same time, I also approved murphtall’s message.

YOU DECIDE

These lies, along with the ridiculous demands and accusations, come from a group of three people who write as their concluding statement, “We, being Donna, Karen and myself [Rick] are the only ones who are being totally honest about everything … ” Unless their definition of honesty is relative, they are lying with that statement, too.

I’ve given you the actual evidence; now you can judge for yourselves.

WHY I PUBLISHED THIS ARTICLE

I tossed and turned over publishing this second article. I had already said quite a lot, and I wondered if that was enough. Unfortunately, not all news in the needlework world is positive. (The real shame here is that I could really use the assistance of someone with DKR’s — or specifically, I think, DK’s … don’t forget, Rick’s been on vacation — kind of talent designing websites here on INN, but I require a certain level of integrity they have not shown.) Had DKR not put themselves forward as pillars of honesty, I most likely would have simply let things drop after the first article, but to do so after they made such a public statement would have been to shirk my responsibilities to provide the designers I am here to support with the information they require in order to make informed decisions about their own businesses.

Of course, before you choose a company to market your designs, you should know with whom you’re dealing, and you should know as much about them as possible. You should not rely entirely on me for this information because I’m just one person who is already spread extremely thin. I cannot always devote the time needed to write a post this long — and how many of you care to read something this lengthy, anyway, even when the information is valuable? In any event, this post IS all needlework news, and that’s why I published it.

For my own stitching needs, I will go elsewhere as often as possible — which for me means that if a certain designer’s patterns are only carried through DKR’s venture, then I’ll probably go ahead and purchase them in order to support the designer (why punish the individual designer or myself ?). However, in general, although I wish them no ill will, DKR have shown me they do not deserve my hard-earned money (or my husband’s hard-earned money, ).

I trust you, dear readers, to take the information I have provided you with and either make up your own minds now or continue searching for more information before doing so. Whatever you choose, the decision is entirely your prerogative.

Ultimately what it comes down to for me is that the product I supply here on INN is my word, and my readers have come to trust that product. When I write something, it is reliable because it is what I research and thus believe to be the truth — or because if further research (mine or yours) indicates I have made an error and reported something inaccurately (or even when something I have written has not been said as well as it could be, and thus has come across the wrong way), I have worked very hard — and as quickly as possible — to correct the situation (just as any other reporter would). So my product — my word — is extremely important to me.

Thus, it was essential that I publish this article because once I had said designers should be wary of DKR’s venture, it became my responsibility to tell them exactly why they should be wary. It is because I am honest (even — or especially — when it means admitting my own mistakes), because I am willing to correct myself publicly, and because I am willing to publish something negative, that my readers do trust me and will continue to do so.

On a more positive note, I do want to add I am really glad DKR finally forked out another $10 to start Needlework Designs on Demand. Although I do personally believe they could have been more original when choosing their new name, and also that intentionally pushing the envelope with that new name (per messages 1125, 1128, 1130, 1136, and 1264) was at least a tad juvenile and ill-advised, I am also extremely pleased to report the Scheperles are happy with this outcome.

Still the fact remains it would have been far preferable for all parties involved if DKR would have simply taken these steps in the first place — as John Williams summarizes very intelligently and very succinctly (his succinctness is proof he is not me, despite what Rick thinks! ). Had DKR not been so obstinate about it, I might very well have offered to purchase the new domain for them because (1) I really DO believe their ideas for their new venture are good ideas, and (2) I really DO believe a lot of new and independent designers will benefit from marketing their designs in this manner.

However, all’s well that ends well — and even DKR can hardly complain when they’ve received so much free publicity (the old adage that there’s no such thing as bad publicity actually is true), including for their new site, from the posts I have written.

I personally wish DKR the best of luck with Needlework Designs on Demand because I support the designers themselves, and I certainly hope that from now on, DKR will conduct themselves with the absolute utmost of integrity.

A few suggestions:

I hope they’ve not just considered but determined the full tax implications involved with this venture. With three countries involved just among the owners of Needlework Designs on Demand, things could become complicated very quickly, especially once profits go over that certain dollar amount which differentiates a hobby from a business (which is likely different in each of those three countries). Consulting with a tax accountant in whichever country this domain is actually registered, as well as the other two, is probably a really smart thing to do right away if DKR haven’t already done this. Individual designers will definitely want to make sure this tax issue is quickly addressed before it affects them — the last thing you’ll need is auditors from other countries coming after you because DKR missed a step in their excitement to get this venture off the ground.

DKR also still need to correct the email address on their About Us page (you’d think they would have made that correction the first time I posted about it, but I guess they aren’t reading that far down into my posts).

Finally, DKR need to make sure they change all their passwords, which have been exposed to the public through their Yahoo Group — eek! I also recommend they choose more complicated, and thus more secure, passwords in the future.

Since Rick has already stated DKR will not continue discussing this issue further, I also will no longer entertain further discussion about the matter. Therefore, comments to this article will only be approved if they add something new and of significant value to the already published conversation. I personally am curious to see if Rick, who appears to be the ringleader for DKR, will be true to his word, as he wrote in message 1074: “… if I make a mistake, or I am in the wrong I will admit it and try to make amends.”

Technorati Tags: Stitch A Painting, Rick’s Charts, Art of Stitching, Deanna’s Designs, trademark, copyright, infringement, needlework, cross stitch, intellectual property, DesignsOnDemand.org, Designs On Demand.org, common law trademark, TM, Needlework Designs On Demand, cybersquatting

Lots of designers have been asking what’s going on regarding the new venture proposed by Donna (of Stitch A Painting), Karen (of The Art of Stitching), and Rick (of Rick’s Chart’s), which I highlighted in my earlier post, Designers Wanted, while it was up very briefly on January 7, 2008. (That post is now back up — with some necessary corrections as required for truth in reporting/advertising — and as a point of reference for this post.)

Donna, Karen, and Rick, who will be referred to from here on in this post as DKR, opened this promising new venture which they intended to call “Designs on Demand” (but which they then briefly named “DesignsOnDemand.Org” before soon switching to its current title of “Designs On Demand.Org”), on January 15th, 2008. However, the designers involved with this venture or contemplating becoming a part of it may not be aware of the important behind-the-scenes events which have been the reason for those name changes — or, more importantly, that those name changes may continue.

Before I write any further, I want to make it clear I really do believe DKR’s new venture IS a VERY promising one — I am not using my words lightly here. They have many good ideas, and I believe this venture has a terrific chance to bring a large number of independent designers to the attention of stitchers worldwide — and that is a very good thing for both the stitchers and the designers (as well as the three masterminds behind this venture ). However, DKR have run into a very significant problem right at the start of their new venture. It is a problem which came to my attention shortly after I wrote “Designers Wanted“; it is a problem which could negatively impact any and all of the designers who are signed up with DKR’s venture; and it is a problem which DKR are, so far, either compounding, or attempting to ignore — or both.

I am still working on a more detailed post than this one (the one which you are reading right now, that is), but I would be negligent if I waited any longer to inform the designers who are already working with DKR, and any designers who are considering working with DKR, of the central issues in this situation.

DESIGNS ON DEMAND IS ALREADY TRADEMARKED BY SOMEONE ELSE!

The main problem is that DKR’s venture named “Designs on Demand” may not be in business all that long — or, I should clarify, not under that name, and possibly not at that dot-org website URL (http://designsondemand.org).

That’s because there is already another business named Designs on Demand — and THAT company has been in existence for nearly ten years. The LEGITIMATE Designs on Demand is a home-based, family-owned business whose focus is providing all kinds of promotional products (mugs, tote bags, calendars, ornaments, mouse pads, magnets, etc.), available in quantities from one to one thousand (or more!), with the artwork or photographs of their customers reproduced on those items for personal or advertising purposes.

One of their most popular products is the yellow ribbon magnet which includes a picture of an individual soldier. In fact, Designs on Demand customers have been followed by other people who wanted to learn where they could have their own personalized yellow ribbon magnets made!

Designs on Demand provides full-time employment for owners Margaret and Darrel Scheperle and supports both them and their four children, two of whom are in college. The Scheperles, who developed their business from the ground up, have not only filed US income taxes under this business name, but they have also filed for and received a certificate of organization for Designs on Demand from the state of Missouri. It is the Scheperles’ company who owns the PayPal name “Designs on Demand,” and the Scheperles have owned and used that PayPal account since 2000. Designs on Demand has been in business since 1998, and the Scheperles have held the dot-com website address http://designsondemand.com since 1999.

Even if the Scheperles were not already in the process of registering “Designs on Demand” as a registered US trademark (which no company HAS to do in order to still receive FULL legal protection under trademark laws; registration simply makes the results of that same legal protection easier to accomplish more quickly), they have certainly been around long enough that they definitely have more than adequate legal basis for “Designs on Demand” to be considered SOLELY their intellectual property as a COMMON LAW TRADEMARK — and all the applicable processes and laws to force DKR to choose another name are absolutely in favor of the Scheperles (which is only fair, of course — and isn’t it great that something in life is actually fair? ).

So, to sum it up, NO ONE ELSE can use the name, “Designs on Demand” at all — certainly not without a lot of legal wrangling — which takes a great deal of time and a whole lot more money, and it’s also obviously a tremendous hassle (which no new business owners in their right minds would want to undertake).

Oddly enough, though, DKR seem set on undertaking this hassle, perhaps because they don’t understand what a trademark actually is.

DEFINITION OF A TRADEMARK

The actual trademark is the NAME OF THE BUSINESS; in this case, that trademark IS “Designs on Demand.”

The trademark is NOT the URL website address, a point which confuses many people. The argument here is NOT simply over the fact that DKR registered http://designsondemand.ORG, but that DKR are trying to use as their own the trademarked name “Designs on Demand” — which I’ve already explained belongs solely to Margaret and Darrel Scheperle. Even now that DKR are using “DesignsOnDemand.org,” they are still using the trademarked “Designs on Demand” as the essential portion of their name, and what’s more important is that they are doing so illegally.

Wikipedia explains trademark issues very well. Basically, although these two companies are dealing mostly (see the next paragraph) in very different merchandise, the trademark issue exists simply because right now they are both using essentially the same name. The different merchandise they deal in is completely irrelevant to the issue of trademark.

(Although the products offered are entirely irrelevant to the trademark issue, there is actually some potential competitive overlap product-wise between DKR’s venture and the Scheperles’ Designs on Demand which is a tertiary concern to the Scheperles. Because the Scheperles offer personalized sew-on fabric patches which they specifically market in competition with similar products that are embroidered. This product has done so well the Scheperles have given it its own website at http://colorpatch.com. Please note the first words on that site say, “ColorPatch by Designs on Demand”; this is specifically to indicate the Scheperles are marketing their ColorPatch product under their already trademarked name, “Designs on Demand.” Unlike embroidered patches, the Scheperles’ patches are permanently dyed onto the fabric background — providing less chance — than with an embroidered patch — for a patch to catch on something and become damaged or torn. The potential problem relative to this product is that if DKR were ever to market cross stitch patterns for a designer who also markets machine embroidery patterns — even if those machine embroidery patterns are never marketed through DKR’s venture — DKR would still be marketing for a designer who is in direct competition with the Scheperles’ company. While DKR can guarantee none of their designers are currently machine embroidery designers, DKR cannot guarantee this situation won’t ever change. At any time, any one of its designers might start creating machine embroidery designs. DKR simply does not have and cannot demand this kind of control over anyone else.)

To help explain both the issue of trademark as well as the separate issue of website URLs further, let’s look at a company I used to work for myself: AT&T. AT&T is the abbreviation for American Telephone & Telegraph. AT&T, as we all know, is a registered trademark, as is American Telephone & Telegraph. Even though all three words (”American,” “Telephone,” and “Telegraph”) are — individually — common English words, when those words are used in that particular string of words — “American Telephone & Telegraph” — they are an extremely well-known registered trademark.

You could bet your last penny that if I tried to call a new company “American Telephone & Telegraph,” or “AT&T,” I’d have AT&T lawyers on my butt faster than I can say, “Oops! Sorry!” You can also bet absolutely everything you hold dear that I’d be saying, “Sorry!” repeatedly and backing down immediately — but I wouldn’t be doing so just because AT&T has a whole bunch of money and could break me financially … I would be doing so because it would be the RIGHT thing to do … because stealing someone else’s trademarked name is just plain WRONG … because stealing someone else’s trademarked name is just that: STEALING.

The trademark — the NAME OF THE BUSINESS — is a very different concept than the URL website address. AT&T owns the dot-com website http://att.com as well as the dot-net website http://att.net. However, AT&T peacefully coexists with the dot-org website http://att.org, which is owned by a Jewish organization called the Associated Talmud Torahs of Chicago. The reason AT&T allows the Associated Talmud Torahs of Chicago to use http://att.org is because the Associated Talmud Torahs of Chicago is not in any way attempting to infringe upon AT&T’s trademark, i.e., nowhere on their site does the Associated Talmud Torahs of Chicago claim to be the phone company or in any way to have any link to the AT&T we all recognize as one of the most famous brand names in existence.

Another reason AT&T allows the Associated Talmud Torahs of Chicago to use http://att.org is because it is next to impossible for ANY company — no matter how large or how prosperous — to purchase and own every conceivable URL address which might resemble their trademarked name. Asking a small business owner — whose financial resources are much more limited — to buy every single URL address which might ever be used to refer to her trademarked business name is something the courts have already agreed is an unreasonable and ludicrous proposition. It’s that simple.

POTENTIAL LEGAL IMPLICATIONS

I am not a lawyer, so I don’t know all of the legalities of this situation. However, I do have a B.A. and an M.S. in criminal justice, as well as eight years of experience doing investigations, which included working closely with lawyers on a variety of legal issues. Because of all that experience, I DO know that if DKR has not informed its current designers in some detail about this trademark infringement case heading their way, and if they aren’t informing any of the designers signing up with them AS they sign up, then DKR may be guilty of something known as failure to disclose. (In fact, the failure to disclose issue is one reason I am publishing this article — because I have knowledge about this case which I am obligated to disclose!)

If this case actually goes forward to court, or even just to the point of a letter of demand (the first step in almost any legal proceeding, and the step at which many legal proceedings end because the recipient will often comply with the letter of demand upon receiving it — realizing at that point that the sending party is absolutely serious about the issue at hand), all those contracts will be deemed null and void if DKR didn’t inform the designers about this situation already and/or upfront. It’s kind of like trying to sell a house that’s got something really major wrong with it and not disclosing that information to potential buyers. The buyers have the right to know what they’re getting into BEFORE they get into it, so when a seller doesn’t tell potential buyers about a known problem, that seller can get into heaps of trouble.

So because of the initial — and illegal — failure to disclose, any deals which resulted from it are not considered valid. Any deals which extend further out from there are also not considered valid, such as if a current designer talks two more into signing up with DKR’s venture; not only would the initial designer’s contract be invalid, but so would those other two designers’ contracts. That’s fruit of the poisonous tree sort of stuff.

And you designers actually WANT your contracts to be invalid in this case. The reason for that is because, should this situation actually go as far as a courtroom, you can be certain the Scheperles’ attorney will most likely name every single designer participating in DKR’s venture as being complicit in the trademark infringement case — and none of you want to be in that position, do you? None of you want the hassle, the expense, or the effect it could have on your reputation — even though you had no idea any of this was going on … It wouldn’t be at all fair to you, would it? So that’s why your contracts would be considered null and void — because DKR didn’t inform you, and therefore, you couldn’t make an informed decision about doing business with them before they got this matter straightened out.

But, now that I’ve posted THIS article (the one you’re reading now, titled, “ATTN: All Designers Who Were Interested in ‘Designers Wanted,’ ” that is), and now that I’ve emailed you and advised you to read this article, each of you designers has another issue to think about: Now YOU know about the trademark infringement situation, which means now you ARE informed. So you have to decide if you can continue doing business with DKR while they are still using the name Designs On Demand.Org. That’s your decision, of course, but the Scheperles ARE scheduling a meeting with an attorney (they’ve already consulted with two others, and this third one is the one they have chosen to handle the case for them). That attorney will be starting the legal process, as usual, with a letter of demand. When the chips start to fall, where do you want to be?

I would certainly think you’d not only want to protect yourself, but that you’d also want to stand with the Scheperles because trademark infringement is very similar to copyright infringement. In fact, this is actually what surprises me most about this entire situation: designers, shop owners, and anyone trying to keep a business going in the needlework world is usually so vocal about the importance of respecting copyright issues that I really have a hard time understanding why DKR aren’t respecting the Scheperles’ trademark. If the tables were turned, I’m certain DKR would be just as angry as the Scheperles are — maybe even more so. In any event, I am hoping that you designers will beseech DKR to remedy their error in this situation immediately — for your sake, for their sake, and for the Scheperles’ sake … and simply because it’s the right thing to do!

AGAIN, DKR’S IDEA IS A GOOD ONE!

As I’ve heard from my designer connections who made inquiries with DKR, there are some very good reasons, some of which I already mentioned in “Designers Wanted,” to market your designs through a company like this, and perhaps even through this particular company. For instance, I’ve learned the percentage of profits a designer will receive for the sales on his or her own designs if marketed through DKR’s venture is 80%, which I understand is significantly higher than anywhere else with a similar marketing plan — and keeping more of your own profits is always good thing, especially for an individual designer.

WHAT HAPPENS NOW?

All this means DKR are still in need of a name — and perhaps a corresponding URL for their website address, of course.

I’m hoping DKR read this and come to their senses, whether from reading this article or through any other means because, aside from their problems coming up with a business name they can legally use, they have some terrific ideas and plans for their new venture. Literally, every problem I’ve listed above completely disappears as soon as DKR chooses a business name they can legally trademark for themselves. I love the idea that the designers who sign up to market their designs through them will keep 80% of their own profits — and I’m sure the designers will love the idea, too. With an offer like that, more and more designers will sign up with them, and they’ll stick around, too. (Who knows … maybe it will even encourage some people who’ve been teetering on the edge to try designing! ) We stitchers will find it easier to obtain those wonderfully imaginative, but hard-to-find patterns by the new, independent designers — and we DO love the thrill of discovering a new designer! And, of course, DKR stand to make decent money themselves, so it’s a win-win-win … Almost all of the work (minus a few minor corrections here and there, such as correcting the email link for the support address on this page, updating everything which needs updating with new logos in connection with a new company name, and so on) is already done — and done well, too … They just need a name — a great one they will be proud to trademark for themselves.

Maybe “Design Emergency Room”? No, I don’t think so; clearly, I’ve been spending too much time in hospitals lately. How about “On Call Designers”? Hmmm. Still too medicinal, and perhaps too provocative. “The Pattern Palette”? Oh, I LIKE that one! But, although the URL is available no matter what extension is chosen, a Google search comes up with 15,500 hits for “The Pattern Palette,” so a significant amount of research would need to be done to confirm this isn’t already someone else’s trademarked name — and since it’s not my business venture, I’m going to stop now …

However, you can feel free to post here suggesting names for DKR’s venture; I assure you, they’re reading!

Technorati Tags: Cross Stitch Expo, Stitch A Painting, Rick’s Charts, Rick Abbott, Art of Stitching, Deanna’s Designs, trademark, copyright, infringement, needlework, cross stitch, intellectual property, Margaret Scheperle, Darrel Scheperle, Designs on Demand, DesignsOnDemand.org, Designs On Demand.org, common law trademark, TM

Are you aware the Loudoun Sampler Guild is putting on a tremendous effort dedicated to Quaker samplers this year? It’s called A Token of Love — The Quaker Girl and Her Needlework and is a series of lectures, classes, and other special events which will occur in the Leesburg, Virginia area on weekends in March and April of 2008.

Currently scheduled are lectures from Quaker needlework historians such as Betty Whiting Flemming, Sue Studebaker, Kathryn Lesieur, Lynn Tinley, Mary Holton Robare, Barbara Hutson (Queenstown Sampler Designs), and Kathy Moyer.

Designers teaching classes during the course of March and April include Kathy Barrick-Dieter (Carriage House Samplings), Barbara Bernard (Loudoun Sampler Guild), Cathy Campbell (Primitive Traditions), Ellen Chester (With My Needle), Pamela Darney (Guildhouse Samplers), Betsy Morgan (Willing Hands), and Kathryn Myers (Loudoun Sampler Guild).

I have one gorgeous class project picture for you: a picture of Barbara Bernard’s A Quaker Scissors Keep (unfolded) is here in .PDF format.

In order to provide you with as much information as possible about this fantastic event series, I am quoting below from an email written by Karen Bollin, Programs Chair of the Loudoun Sampler Guild, on November 10, 2007:

1. This series is NOT a symposium. There is not an overall fee, and the programming is not held over a single weekend. This is a series and will be held over MOST weekends thru March & April, 2008. Each event is priced separately & is independent.

2. Most program days have two or more events, but a few vary. The only overlap is the Children’s Class. The parent can be in her/his event and the child in her/his as well.

3. We are fortunate to have food available for three dates for pre-order, catered by Specialteas Catering. Just complete the form and include the funds.

4. The prices for each event are based on costs from the principal, kit fees, space rental, and any extra expenses the event incurs. Each event must stand on its own or it can’t go forward. The only way to be sure a class or lecture succeeds is with your ticket orders. Please don’t wait until the last minute.

5. To order tickets, print the registration form page, check the events you want to attend, enclose the check, and mail it back to me. Be sure to include any of the lunches you want. Be sure to copy the completed form for yourselves.

7. Seating in each event will be limited by the venue and the teacher. I control neither. Personally, I would love to have so many attendees that I have to rent air, but that’s not feasible, so we will go with room size and teacher limits. I will endeavor to give as much info as possible. Locations will be established based on demand for events. Waiting lists will be established as necessary, but I’ll try to get space for everyone who wants a lecture or class. All events will be in the greater Leesburg area.

8. Anyone who might be travelling from afar, there are a lot of hotels & motels in the general area. If we have several of you in need, I will try to get some reduced rates. We can work on that as time approaches, but get your registration forms in so I can work-out whatever I can get for you.

9. Please do not hesitate to contact me if you have questions, special needs, or just want to know what’s up. I might not get to you the same day, but I will get to you!

10. We will have boutique tables and trunk shows, Several of our members & friends will be presenting their wares tailored to this series. Many of our designers will try to have as much on hand as possible for your stash enhancement. Some of our lecturers to have their books on hand for those of you who need to obtain them.

11. We are also having a “special” boutique table — the Second-Hand Stash Sale!! This sale table will be available pn all March weekends to benefit Woodlawn Plantation, site of the annual Needlework Exhibition each March. The sale will rise again in April to benefit the Waterford Foundation, the organization that works to preserve the historic buildings in the Quaker community of Waterford, VA. Basically, it’s a garage sale of stash, with ALL of the proceeds going to these very worthy organiations. To be successful, your QUALITY stash donations are required…..just one or two things.

Schedule: Our own Betty Whiting Flemming will open the series with her lecture, The Quaker Schoolgirl: Her Life and Her Needlework. Later in the series, Betty will also give a short talk about the 35-star Quaker flag (just prior to Ellen Chester’s class of “Long May She Wave”), and join with Mary Holton Robare to present a lecture about samplers from several generations of a Quaker family.

Kathy Barrick-Dieter of Carriage House Samplings will teach her Pinball class, which I understand is a lot of fun for all participants. Your kit comes with all materials to make the stitched pinball at your own pace and the materials to make a pinball in class.

Mary Holton Robare will present 2 lectures covering both Quaker samplers and Quaker quilts. Her samplers lecture, A Quaker Family’s Samplers, presented with Betty Whiting Flemming, will explore the three samplers completed by four generations of a single Quaker family. These samplers have been scattered among descendants, but come together for this lecture. Mary’s other lecture, Quilts & Quaker Heritage, covers the journey that began with a Signature Album quilt and grew into the discovery of dozens of Quaker textiles. Excerpts from letters & diaries highlight the role of needlework in the lives of Quaker quiltmakers. Because many of the quilts were signed and dated, they provide unique opportunities to compare technical elements & designs, as well as revealing new avenues for exploring the pre-Civil War community of Quakers in America.

Our Children’s Class, led by another LSG member, Kathryn Myers, will feature the series logo as its project. All attendees will receive a kit with most finishing materials and snacks. This class is aimed at children 7-14 years of age.

Ellen Chester of With My Needle is teaching her Needleworker’s Sampler Huswif AND the exclusive adaptation of Long May She Wave, which will ONLY be available during this series. It will be preceded by the talk by Betty Flemming about the historic 35-star Quaker flag, from which Ellen adapted her design. You will be able to stitch either the original or the adapted design.

Cathy Campbell of Primitive Traditions has adapted some of her own designs to offer us a short techniques class in making her wonderful Bronwyn’s Biscornu Pyn Pillowe…a special treat. You will receive a complete kit, and the class focuses on the finishing techniques. A quick, cute, charming addition to your needlework smalls.

Lynn Tinley will join us from Georgia to present her lecture, Quaker Samplers: from Carnation Borders to Colorful Medallions. It promises to be very enlightening.

Barbara Bernard, also a very talented member of the Loudoun Sampler Guild, is a staff member at the National Gallery of Art. Barbara is teaching her design of A Quaker Scissors Keep, a very useful memento, covered with Quaker medallion designs on soft colors reminiscent of the Quaker palette. Barbara has also designed our series commemorative tote….be sure to get one!!!

One of our most renowned speakers, Sue Studebaker, is joining us for what will be a wonderful lecture covering the Quaker movement west, entitled The Friends Journey Westward. I know I don’t want to miss it.

Betsy Morgan of Willing Hands Designs is offering, for the first time, her special design of a Quaker Schoolgirl Etui. Betsy is also offering a kit for the smalls…be sure to order it in advance. Betsy designed this project for the Loudoun Museum’s symposium which was cancelled and we are so pleased that she is letting us have the debut of this beautiful set.

Pamela Darney of Guildhouse Samplers is a new designer to most of you, but to the Loudoun Sampler Guild, she is one of our very talented members. Pamela has designed a gorgeous sampler, entitled I Byde My Time Quaker Sampler, which coordinates with the etui & smalls designed and being taught by Betsy Morgan. As one of the first people to see the completed sampler, I can attest to its incredible beauty.

Pamela is also graciously donating her beautiful new, original designs for our Fundraiser — two designs called The Quaker Diamonds. Speaking of the Fundraiser, it should be a lot of FUN as well. The Loudoun Sampler Guild is proud of its record of providing monetary grants to various museums, historical societies, and other organizations for the on-going preservation of their needlework. To meet our goals, we have regular events to build the Grant Fund. With Pamela’s beautufully charted designs, which will be presented to each ticket holder for this event, attendees will receive appropriate fabric & monochrome threads to stitch these diamonds as a 2-sided ornament, framed pieces, or whatever suits you. We will also provide snacks, surprises, and some fun…like prizes and such. We will have members & experts available for discussion and Q&A. The Fundraiser is scheduled in both March & April.

And, a new addition to our schedule, is the lecture of Kathy Moyer, archivist and historian of Oakwood Friends School, which traces its roots to Nine Partners School in Poughkeepsie, NY. Kathy has developed a detailed and fascinating presentation, Nine Partners School: History, People, & Samplers, filled with history & details of the Quaker school, community, students, and their treasures.

For more information, including the full schedule, class descriptions, and pictures of the class projects, take a look at the brochure for this wonderfully exciting series of events — something is sure to catch your eye! As Karen mentioned above in her email, there are also some fabulous charitable events scheduled to benefit Woodlawn Plantation, where the 45th annual Needlework Exhibition will occur in March; the Waterford Foundation, a preserved Quaker-established community in Virginia; and the Loudoun Sampler Guild’s Grant Fund, which is used for preserving needlework held in museums, schools, and other organizations.

For more information, including larger class project photos, or to register, please contact Karen Bollin as soon as possible. Karen is taking pencil-in registrations by email, especially for the earliest scheduled events.

As of the last report I had from Karen on January 18th, there was still room in each event for attendees — but final registration for some events, especially the earliest ones, is coming up FAST in order to allow enough time to provide notice to teachers/lecturers for their class preparations, so there is absolutely no time to waste! Additionally, there are — unbelievably — a few events in danger of cancellation due to low enrollment at this point, so PLEASE don’t hesitate in contacting Karen if you are interested in any of them. Don’t be kicking yourself for not contacting Karen today only to later find out one of the spectacular classes you most wanted was cancelled due to low enrollment … email Karen NOW and let her know you’re putting your registration payment in the mail!

Technorati Tags: Loudoun Sampler Guild, Quaker, needlework, sampler, Token of Love, Quaker Girl and Her Needlework, Betty Whiting Flemming, Sue Studebaker, Kathryn Lesieur, Lynn Tinley, Mary Holton Robare, Barbara Hutson, Queenstown Sampler Designs, Kathy Moyer, Kathy Barrick-Dieter, Carriage House Samplings, Barbara Bernard, Cathy Campbell, Primitive Traditions, Ellen Chester, With My Needle, Pamela Darney, Guildhouse Samplers, Betsy Morgan, Willing Hands, and Kathryn Myers

Nevermind.

The venture briefly known as Designs on Demand is not interested in promotion at this time — per official word this morning from their public relations department.

Technorati Tags: Stitch a Painting, The Art of Stitching, Rick’s Charts

Please be sure to read “ATTN: All Designers Whose Interest Was Peaked by “Designers Wanted” Article” which is an important follow-up to this article.

The venture briefly known as Designs on Demand (and referred to hereafter in this article as DKR) is currently seeking designers who wish to market their designs through them. This could be a wonderful solution for designers who don’t have the time (or expertise) to create or manage their own website storefronts because DKR provides and handles the storefront operation. This allows you the opportunity to stay focused on the fun part — the actual designing!

In addition, it’s a super way to introduce your designs to customers who might not otherwise ever find you. That’s because, especially when they are able to do so from the comfort of their own homes, and even in their pajamas, stitchers will take the time to look through everything DKR has to offer. And when we stitchers don’t recognize a designer’s name, it’s like finding opportunity wrapped up in pretty paper with a bow — we can hardly wait to find out what beautiful treat may be in store for us! If you market your designs through DKR, stitchers don’t have to know your name to find you, as would be needed in a brick and mortar shop, or to do an online search for you.

DKR will also be a boon for stitchers because they will specialize in instant gratification, otherwise known to the stitching world as charts in .PDF format (requiring only Adobe Acrobat’s free reader) which are downloaded by the customer immediately after payment is completed. Although they do not consider themselves open and ready for business yet, there are already over 70 designs available on the site, including 15 patterns exclusive to DKR.

Designers already signed up include The Art of Stitching, Deanna’s Designs, Rick’s Charts, and Stitch a Painting — definitely good company who will draw lots of customers!

If you are a designer interested in joining this terrific group of designers, please email support@designsondemand.org in order to get more information.

Technorati Tags: Rick’s Charts, Deanna’s Designs, The Art of Stitching, Stitch a Painting, needlework, cross stitch

I am currently working on a darling design which was created by amateur designer Melanie Farrelbegg; I’ll post about my own progress soon on my personal blog, which has needed attention for some time now (sorry), but I’ll share a picture of what it should look like when finished with you here because I am so impressed with Melanie’s work.

I discovered Melanie’s design while perusing the selection of British magazines available at my local Barnes & Noble (where I went only because Borders, the store I prefer, at least locally, was already out of the majority of their non-US cross stitch magazines … I seem to be still running behind with just about everything these days … sorry again).

A side note: Why the heck haven’t any of the major bookstores realized importing the fabulous French magazines — and LOTS of them — would be a superb addition to their inventory?

For her design, Melanie won a contest called the “Design and Stitch Challenge” sponsored by UK magazine Cross Stitch Crazy, and so her design and its corresponding chart is published in the Christmas 2007 (Issue 105) volume of this magazine. Lucky us … and congratulations, Melanie!

However, the main reason for this post is because I am selfish. I have also fallen head over heels for the design created by the second runner-up, and I simply must find her and obtain the chart. Her name is Janet French, and her design, Frog Prince, would make a perfect Valentine’s Day gift for that special someone. Just look how cute he is!

The only problem is, I don’t know Janet or how to contact her, and a Google search proved unhelpful.

So I am turning to you, my audience of faithful readers and researchers, for help. I am quite sure there will be several among you who might also want to stitch this design, too, and I know with the amazing connections available to us on the Internet, Janet is only a hop, skip, and a jump of a contact away from me.

I am making an offer to publish Janet’s chart here, if she is willing to let me do so — or I will sell it here for her if she’d prefer to do that. I have no idea if she has signed away her copyright to her design for a time to Cross Stitch Crazy, but I have found no mention of her design being published in a forthcoming magazine and do not see it available through Cross Stitch Crazy’s website; therefore, I am making the following offer to Janet:

Assuming you still own the copyright to your design, I would like to help you market it here, through Independent Needlework News. Alternatively, if you wish to offer the design as a free chart, I would also be most happy to publish that chart here. And if you do NOT want it published on INN, that is also fine — it is completely your choice, of course — but I would at least like to let my readers know where they might obtain the chart.

So, Janet, if you are reading this, PLEASE contact me!

To anyone who may know Janet, please refer her to this post, and thank you in advance for your assistance.

Technorati Tags: Janet French, Frog Prince, Cross stitch Crazy, Melanie Farrelbegg

Remember when I introduced you to Lucie Heaton’s charming designs?

Well, all Lucie’s designs are on sale for 20% off through Saturday, January 19th, if you enter JAN08 during checkout — and you thought your holiday shopping for yourself was done! (Ha! Don’t worry — your faithful editor here at INN will make certain your shopping is never finished — at least, not unless you want it to be! )

Here is one of her latest releases (from October), called Winter Robins, to encourage you to put your coat back on and go back out in the cold for some shopping to get your fingers tapping on that keyboard again :

So have a wonderful time wandering around LucieHeaton.com Cross Stitch Designs, where you can fill your cart and it never gets any heavier — and hardly costs you much more either … especially during this sale!

Technorati Tags: Lucie Heaton, LucieHeaton.com Cross Stitch Designs, Winter Robins, sale, cross stitch

In 1818, eight-year-old Louise Justine Atalie Matthy stitched what was later to become famously known as Le marquoir de Justine. This very highly sought after reproduction sampler chart has been available at times, and then extremely difficult to obtain at others. But it is NOW AVAILABLE at the bargain price of 20 euros through the very reliable Violarium!

This chart is actually a book which includes a photo of Justine’s original sampler, as well as much information on the sampler’s and Justine’s history. Unfortunately for many of us non-dual-language Americans, the book is in French … but the love of needlework — and the reproduction chart for Le marquoir de Justine cross all language boundaries, of course!

Technorati Tags: Le marquoir de Justine, Louise Justine Atalie Matthy, Violarium, reproduction sampler

I just learned that Bernadette Huysing, who runs The Needlework Boutique, an online needlework shop located in Melbourne, Australia, is having a sale, too!

Everything which is in stock is 20% off to celebrate the New Year (so hurry … before it’s out of stock ). The sale runs through January 3rd. Just enter “SALE” in the coupon field to get your discount.

Again, many stitching customers will be happy to learn that The Needlework Boutique, where “… you will find a large selection of European and American materials which are often difficult to source in Australia,” accepts PayPal.

Happy Stashing!

Technorati Tags: Needlework Boutique, Bernadette Huysing, Australia, sale, cross stitch, New Year