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Old 05-19-2018, 12:29 PM
Bud Graham Bud Graham is offline
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Art and livelyhood theft by deceit

This is Bud Graham, owner of CanalFultonGlassworks.com - Canal Fulton, OH. We are an only OHIO art gallery and hot glass production studio. Visit our website or contact Pete Vanderlaan if you want background on us.

You have not lived until you wake up one morning to open a FEDEX LETTER with a CEASE AND DECIST threat to stop all production of glass paperweights made with human or pet cremains; stop all sales, destroy all advertising, shut down your web site and report all sales of the infringed product or face a LAW SUIT or "we can discuss licensing of our patented product"?

Did that get your attention? This is legal theft created by an overwhelmed ( I say this with some degree of indignation) US Patent office and an 'Inventor" who while sighting related prior patents, willfully did not inform the patent office of existing, non patented prior art as illustrated by existing websites, advertizing, delivered art works etc. before November 15th, 2011 Date of (Provisional Patent application / Final Patent US 8,627,555 B2 - issued Jan, 14th, 2014).

NOTE, to qualify for PRIOR ART one must prove the existence, sale, public advertisement ETC, ONE YEAR PRIOR to the Provisional Patent application date IE PRIOR to NOVEMBER 14th, 2010. Even if you have made / sold / marketed; cremains infused art glass prior to this date and can't prove it; the Patent Holder can stop your sales and in effect either shut you down or become your silent partner, IE protection racket!

If you made cremains infused orbs, eggs, rounds, IE solids; with a typical 2 gather process; encasings the first gather containing the shaped (twisted to form a helix) picked up cremains and or colored frit this patent affects you.

To understand this threat visit:
http://patft.uspto.gov/netahtml/PTO/srchnum.htm Search for 8,627,555 B2
Download a copy of the patent, read it carefully. If you make cremains infused hot glass art glass; anything like the shape / process description / helix shapes, ETC. described in the Patent CLAIMS (See bottom quarter of column 8 to the end of the document).

I encourage you to take two steps:
1. Round up and safe keep your records of production, sales, advertizing, catalog promotions, trade shows, new paper articles - IE anything PRIOR to NOVEMBER 14th 2010 so you are ready to defend your prior art position should you too receive a "Scarlet Letter". Visit: http://archive.org/web/
For web based saved images of web sited by DATE for records accessible this way.
AND
2. Please share your PRIOR ART PROOF here so we can build a case against this patent to protect all our individual businesses. To be clear: we need copies of print advertisement, catalog pages with dates of distribution, newspaper articles and finally proof of commercial sales to individuals and or funeral homes. We do NOT need sales amounts or quantities but an signed and notarized statement, preferably on a business letterhead, to the effect that they have been your customer from PRIOR to NOV 14th, 2010 for some time period AND a representative photo of your typically supplied cremains infused art work. This evidence cannot be used against you but its absence can be IE NO evidence = Patent infringement.

This stinks, the process is sometime called paten troll actions. I do not need any flaming, or complaining, I have enough of that ilk myself. You and I need real work to document that this patent should not have been issued in the first place!

The defeat of this patent will be expensive. The fee alone, to accompany the evidence of PRIOR art, to the Patent office is north of $18,000 so please do not waste time with BS.

This leads me to the 3rd request:
If you currently make cremains infused hot art glass objects and began after NOV 15th, 2010; please support us because your business is effectively DEAD unless this patent is rejected by the patent office after review.
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Old 05-19-2018, 12:37 PM
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Pete VanderLaan Pete VanderLaan is offline
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I have been in conversation with Bud and Brian regarding this and it's the real deal. I was able to refer Bud to several threads on cremains and they go a fair distance back in time. I think the earliest I saw was 2007 here and I know of folks who have done this stuff a long time. So, please help out with any documentable approaches to the problem.

Not being a lawyer, I'm not at all sure how this stuff goes in terms of defending a patent as opposed to ignoring a threat and making the individual enforce it. It would be far better to simply have the thing thrown out. I would be inclined to begin a counter suit at a certain point for falsely claiming intellectual property where none existed. We all know how well the Chihuly Inc lawsuit with Kaindl went as well as the lawsuit brought by Rick Satava.
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Old 05-19-2018, 03:31 PM
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Pete VanderLaan Pete VanderLaan is offline
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please focus on the subject, I don't think that is what your decision said.
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Old 05-19-2018, 04:46 PM
Tom Fuhrman Tom Fuhrman is offline
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I was doing pet cremains encased in paperweights way before 2010. I'll be getting you the info and contact on the website that handled them for me. They handled all types of pet urns, etc.
Was the patent for only cremains not designating whether it was human or animal?
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Old 05-19-2018, 04:55 PM
Tom Fuhrman Tom Fuhrman is offline
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contact for the pet urns/ Paperweight encased pet cremains, Alex@custompeturns.com. she is now closed down but I'm sure she has all the info and records of when we started doing them. I encased the cremains in glass paperweight hearts and then engraved the dates and names on them.
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Old 05-19-2018, 05:06 PM
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Pete VanderLaan Pete VanderLaan is offline
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Dates are a great help.
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Old 05-19-2018, 05:29 PM
Bud Graham Bud Graham is offline
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Please read the patent

Hi all, please take the time to read the patent as this is serious.
It is important that you understand how broad the claims are. They apply for both pet and human cremains. While they stress an "egg" shape they imply other shapes.
The first claim implies that the Patent holder invented infusing cremains in hot art glass and creating helical shapes by adding another color or cremains picked up line.
The process of production is one seen in just about every studio art teaching program and the same as used for hundreds of years in hot glass production shops.
The Patent EXIST. It will stand unless confronted. It will take hard evidence of PRIOR ART to do so.
Thanks for your assistance
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Old 05-19-2018, 06:18 PM
Eben Horton Eben Horton is offline
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I made an egg paperweight out of ashes in 2000..this patent holder can go eff him or her self... what a lame thing to do...
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Old 05-19-2018, 09:49 PM
David Blankenstyn David Blankenstyn is offline
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this is the troll.

https://crystalremembrance.com/produ...-memorial-egg/

$600 for a small crappy memorial. The work isn't even good

Who does this dude think he is?


Feel free to leave a google review for him

http://search.google.com/local/write...IgRa-ZB4Xw_o-A
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Old 05-20-2018, 10:50 AM
Art Freas Art Freas is offline
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Anyone able to check Rakow?
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Old 05-20-2018, 12:20 PM
Bud Graham Bud Graham is offline
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Please see a suggested format for artist statement to the effect that they have made cremains infused artglass similar to the patent image. If you have a letterhead this would be preferred but not necessary. Please attempt to acquire statements from recipients of your work as well. Dates must be from 2010 and prior to be affective.

There must be at least 100 artist out there that have made similar works, please step forward!

Thanks,
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Old 05-20-2018, 12:31 PM
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Rich Samuel Rich Samuel is online now
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This artist says she started making ash art in 2009.

https://www.redmanxstudio.com/about-tiffany
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Old 05-20-2018, 12:53 PM
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Pete VanderLaan Pete VanderLaan is offline
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I think it's worth stepping back here a minute and recognizing that the entity having the alleged patent is going to have to go to court to defend the patent. That costs serious money. I would strongly suspect that any attorney knows that to the point where if you simply start naming artists that regularly do this stuff, cite the threads here plus the information provided to you by others here and this will wilt under scrutiny.

In this environment, people put out a lot of bullshit and fade as soon as it's challenged. Since I have zero doubt about the history of rolling ashes into remains and I have zero doubt about the shape of an egg in glass, I find this to be an interesting exercise in gall and nothing more. Dale tried to claim authorship in his suit against Kaindl and essentially was laughed out of court and remember, it took a lawsuit from Dale's over amped corporate chair to get there with nothing but humiliation at the end. Kaindl wanted to run a full page ad in the GAS Newsletter mocking him but GAS refused the ad buy.

So Bud, if you are actually retaining an attorney, he might want to consider challenging the mighty pen of whoever this jerk is now based on what you are already seeing . .
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Old 05-20-2018, 12:56 PM
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Quote:
Originally Posted by Art Freas View Post
Anyone able to check Rakow?
*******
Better to go to the Glass Art Society.
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Old 05-20-2018, 01:42 PM
Tom Fuhrman Tom Fuhrman is offline
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check out the website www.custompeturns.com, there are photos of the cremains glass hearts I sold thru this website and owner of this company. They were produced prior to 2010 and probably about 2005 or 2006. Not something I'm that proud of but it paid a few bills. The owner of that company may still have the invoices for these items she sold to people and their names, etc.
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Old 05-20-2018, 01:58 PM
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Sky Campbell Sky Campbell is offline
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Quote:
Originally Posted by Pete VanderLaan View Post
I think it's worth stepping back here a minute and recognizing that the entity having the alleged patent is going to have to go to court to defend the patent. That costs serious money. I would strongly suspect that any attorney knows that to the point where if you simply start naming artists that regularly do this stuff, cite the threads here plus the information provided to you by others here and this will wilt under scrutiny.
. .
Well pretty much sums up my thoughts. Just because you get a patent or send a threatening cease and desist letter doesn't add up to a hill of beans. No way could anyone defend that patent in court so why the fuss. I would have zero problem challenging him and see how deep is pockets are when he has to defend such a ridiculous claim. Waste of time IMO. I'll be ready to suport the cause when someone gets taken to court until then it's all just bully bully.
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Old 05-20-2018, 04:36 PM
Dave Bross Dave Bross is offline
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If you end up researching for past info on stuff you had online don't forget the internet archive:

https://archive.org/index.php
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Old 05-20-2018, 08:18 PM
Michael Ahlefeldt-Laurvig Michael Ahlefeldt-Laurvig is online now
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Exactly, ignore this BS. Forget the lawers, contact the guy personally and tell him youre coming to see him about this issue yourself. Tell him that he’s making a complete idiot of himself on the net.
He lists company’s, that they deal with on the web page, write them and explain whats going on and offer to make eggs at half the price
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Old 05-20-2018, 08:54 PM
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You have to see his other patents to understand how this guy works. My favorite is the Cleanicator a magnetic sign that says clean or dirty for your dishwasher you manually flip it so everyone knows if the dishes are clean or dirty.

I'm disapointed to see all you need to get a patent is money. Fortunately to defend a patent it costs even more money and you have to defend it. This has been somewhat educational and at the least pretty funny.
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Old 05-20-2018, 09:25 PM
Michael Ahlefeldt-Laurvig Michael Ahlefeldt-Laurvig is online now
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It would be very expensive to challenge another studio on patent infringement , no way, just bs.
If it was me though, I would just enjoy giving him a real hard time
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Old 05-21-2018, 07:45 AM
Bud Graham Bud Graham is offline
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Cremains infused glass art

Attached is an ad from Cremation Solutions showing the Memory Glass cremains infused # 3 small art glass with swirled cremains and glass color frit added. Dated December 14, 2008.
This is the kind of hard information we need to prove PRIOR ART to the patent.

It would be helpful to have more examples so it is easy to see this is a widespread art form practiced by many. Please provide your own background, it is easier to fight as an army than as an individual.

WAYBACK MACHINE ARCHIVE:

http://www.cremationsolutions.com:80...mall-p172.html

See attachment.
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Old 05-21-2018, 08:09 AM
Art Freas Art Freas is offline
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Quote:
Originally Posted by Pete VanderLaan View Post
*******
Better to go to the Glass Art Society.
I was thinking some 1800's work might have cremains and you could easily find swirls. There are two claims here the material and the swirl. Using an 1800's reference would be pretty definitive. The swirl you can go back to the 1400's at least. I would expect that Rakow might have the references for these time frames.
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Old 05-21-2018, 12:30 PM
Mark Rendulic Mark Rendulic is offline
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My sister works for a funeral home and I asked her. She uses Memory Glass. Their website says that they have been in business for 14 years, and that is all they do. [url="http://memoryglass.com/"]
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Old 05-21-2018, 01:43 PM
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Pete VanderLaan Pete VanderLaan is offline
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I talked to Nathan MaComber today with his cremains biz and he bought that biz, known as "Art from the Ashes" and they have been doing cremains literally for decades, have very nice records, tax returns, photos, all you need. He'll come on line later I suspect.

I just ran into this website. I don't know who this is but the guy looks very virile.
www.spiritpieces.com/pages/about-us#
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Old 05-22-2018, 12:17 PM
Paul Labrie Paul Labrie is offline
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https://youtu.be/YwIiyvdH4TE This method might work
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