Seamrippin': 3D Puff Embossed Embroidery Patent? Cease & Desists??? WHAT!?!!!?

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.co...
Instagram: / fiercekittenz
Facebook: / fiercekittenstudio

[@fiercekittenz]

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 KZbin, 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. Here are a list of videos showing and/or teaching the technique well before the patent was filed. Does it change anything? Nope. Not until someone sues the crap out of them and gets the patent revoked. That ain't gonna be me. - This is a video from December 2013. That's 6.5 years before the patent was filed. kzbin.info/www/bejne/nqurhYB5iL6jg7M - How about a video from Bernina? kzbin.info/www/bejne/hauxkoeHgcx3ps0&ab_channel=BERNINAInternationalAG - Hot dang! This video is a whopping 14 years old! That's 9 years before the patent was filed! kzbin.info/www/bejne/joXLhJuZd9h_bpI&ab_channel=LeahDayQuilting

[@charleneweege7149]

Embroidery Library has been doing Trapunto for a long time too and it's a lot easier and more secure than this puff embroidery.

[@lazygardens]

The owner of a patent is responsible for keeping a lookout for any infringements and for defending their patent. When you get a cease and desist letter, tell them "sue me if you think I'm infringing". If they FAIL to follow up with a lawsuit after your reply, they were just bluffing for money.

[@snipehuntress7372]

HUSQVARNA® VIKING® Sewing Machines - Singer has been teaching this for years

[@helens46]

Check out John Deer's Embroidery Legacy. He has some lovely stuff called Puff Stuff and gives a similar effect to 3D Puff but no need to specially digitise for it.. can use any Embroidery file. Its magic stuff..

[@shannonwinkler8524]

@@fiercekittenz wondering how she got a patent on a technique that already existed…she didn’t invent something new…she took someone else’s idea

[@lindeegoodall2426]

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.

[@gerriebell2128]

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.

[@eh1702]

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.

[@fiercekittenz]

THIS we can agree on.

[@LedgerAndLace]

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! 🙂

[@Terabell]

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.

[@fiercekittenz]

Sadly, as I said in the video, certainly someone could fight it and win, but it will cost them a LOT of money to do it.

[@Terabell]

@@fiercekittenz I'd put money if they can't afford a lawyer to send their cease and desist then they don't have enough to sue - but of course that's a gamble. I wouldn't take down a tutorial video on that basis but I'm not everyone.

[@pmclaughlin4111]

I'm kind of going down a rabbit hole now. I used to do 3d puffy embroidery/app pique a couple of decades ago based on an article in a 1980s sewing magazine (which I think is still upstairs in a box) So about 30 years before the patent was granted In 2019

[@All-the-Stitches]

@@pmclaughlin4111 EDIT Forgot to say these were done 30 years ago! Me too. Did some sweatshirts for my son with animals appliqued over batting which I cut away before the applique fabric was applied. Most notably I did a squirrel using faux fur for the tail and faux leather in 2 colours for the body. Did this on my first embroidery machine - no software then so used the hand scanner to create the layers. I have always studied hand embroidery and a lot of what I do comes from Goldwork which has been around for centuries. As far as I understand it the layering in this patent specifically calls for tearing away of one of the layers - puffy foam - before applying the top layer. No mention of using quilting type materials that you would cut away. I read the patent and it appears to relate more closely to the automotive industry but maybe the patent owner has realized how big hobby & small business embroidery has got so thinks it's low hanging fruit? It would be interesting to see if the machine manufacturers for the domestic market catch onto this as they have a vested interest along with the embroidery consumables manufacturers. I dislike puffy foam so not really impacted by this but feel for those whose businesses are being disrupted. Watching with interest!

[@AllThingsShun]

Thanks for sharing this information with your community ❤ but it’s not just “smaller channels” it’s also channels with more subscribers than your channel as well.

[@EverydayKindaGuy]

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.

[@mkrgonzales]

Best words of advice: “Don’t piss off any lawyers.” 😂😂😂😂😂

[@PrincessAndMonkey]

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. The other alternatives are not the same as embossed. The entire point is to not have actual raised materials on the outside of the product. The padding is embedded in between the layers of the item it doesn’t stay free falling. It’s stitched to a stabilizer and then often the inside is covered with another. Or in the vinyl world it’s embedded between two layers of vinyl.

[@fiercekittenz]

Innnnteresting! Thank you for the clarification on the other type of Trapunto! It does 100% feel like this specific technique for machine embroidery has been around for a long time, but the patent was filed in 2015. I agree that it's a crappy patent and feels like trolling if it weren't for the fact that they've held it for almost 10 years. The alternatives can be used for the same effect, but you'd have to REALLY work hard to get it to look the same. I should have shown the St. Jude sweatshirt I have that was made with the silicone injection method.

[@angelkat48]

I’ve done the type of trupunto princess and monkey describes many times to quilted objects. I can’t even remember how many years ago this was first talked about in quilting. More than 10 years, I know, since I dated my projects.

[@margecampbell4667]

@@fiercekittenz Look for Sharon Schamber & Karen McTavish, both are well known in fiber arts (embroidery/quilting, etc.). They both use the "faux" trapunto. It was a way to not have to cut the back of a project in order to insert padding. Usually a thin wool or poly batting was used as the backing to stitch around the designs & is cut away before rehooping/framing the top, new batting (usually an 80/20 cotton/poly) and backing. This way there is no cutting/stuffing needed. This results with quilts that win in quilt shows, etc.

[@sherlocksews]

Great video, thank you

[@edelweissquiltingembroider1761]

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.

[@robertham3746]

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.

[@pmclaughlin4111]

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...

[@whitecastle4305]

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.

[@lafrileuse4459]

Each country has its own patent office. A US patent applies to the United States, not to other countries.

[@fiercekittenz]

^^^ This!

[@ingridwilkins3886]

They have been using this techniques in gold work embroidery for a very a long time

[@fiercekittenz]

I've heard of that too! It's all super wild to me that this is patented.

[@janetwilliams7705]

Thank you ❤

[@renar11d11]

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.

[@fiercekittenz]

Right, but I’m not arguing that point. It doesn’t really matter now that there is a patent in the US system. A legal challenge would need to be made to invalidate it.

[@hazelem1266]

I’m not a KZbinr. 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.

[@jilbertb]

Google embossed appliqué, then Google Trapunto. Two great examples.

[@InspireLighthouse]

Thanks for a great video. I'm just wondering if this means that people shouldn't be creating content on youtube using the 3d puff embroidery method. There are still a lot of people selling sweatshirts on etsy using this method, so is this all illegal?

[@fiercekittenz]

Honestly? I haven't heard a peep about this since the initial uproar about the cease and desists going out to creators. I wouldn't risk it, and I say that as someone with over 30k subs!

[@Jaded6911]

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!

[@fiercekittenz]

Oh yeah, I didn't even bring up the part about them asking for the names of other creators. Whole thing is fishy, but the patent is legit. I'd honestly want to see the email to check all of the headings and server info to be sure.

[@Nclk619]

Asking for licensing on the CD letter is actually illegal

[@fiercekittenz]

Zee plot thickens!!!

[@jilbertb]

I don't think the patent holder would survive a court fight. You can't patent another persons intellectual property. They did not invent this, its been done for hundreds of years. Contact the Institute of Justice. They are a free lawyer service.

[@fiercekittenz]

Respectfully, naw. I'm not going to go to battle over this one.

[@charleneweege7149]

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.

[@fiercekittenz]

It's the step where you tack down the outline of your design then pause and rip it away like you would for applique in general.

[@charleneweege7149]

@@fiercekittenz Oh. Thank you

[@eh1702]

I think you’re talking BS. Educating people on a patented technique is NOT breaking the patent. Anyway, the patent in question is extremely detailed. This ridiculous scammer can as much patent using closed-cell foam as she can patent using a bone tool to fold edges.

[@fiercekittenz]

I mean, I may be talking the, Bee-Ess (TM)(C)(R)(Patent Pending), as you say, but really it's just spitting facts. If someone posts a video teaching a patented technique step-by-step, covering all of its claims, then allows monetization on that video, they're profiting off a patent to which they do not own the rights. Don't take my word for it though. Please consult a lawyer. You could always find out the hard way, but I wouldn't advise it. *sips tea*

[@gloriamonell1919]

Ok. So we should not buy any of her stuff. I am not interested.

[@fiercekittenz]

Yeah, to be clear, we're talking about the patent holder, not the content creator I linked that received a cease and desist letter, right? Because she's actually pretty awesome.

[@xyngchic]

I don’t wanna bash their skills…but dayum._it’s embroidery. And she/he/they is only going after small peeps. Yep….sketch and greedy

[@kiteco.creates]

Another great video. I've got my popcorn ready for the comments😁

[@fiercekittenz]

So far so good on the comments. I always welcome helpful and constructive insights. It's the ones that come in screeching "wHy R u So mEaN?!?!" that make me mad.