Polyform Products Company is a big bully

POLYFORM PRODUCTS COMPANY IS A BIG BULLY

1.   My Name is Garie Sim, I was marketing and promoting Sculpey Polymer Clay
(Polyform Products Company), since 2001 in Singapore, I was named the "grandfather "
Sculpey polymer clay in Singapore. For years my promotion and
distribution of the Sculpey clay products have made the name 'Sculpey', a well know
brand in Singapore. As a pioneer in polymer clay art, the 'Sculpey' popularity has been
because of Garie's Clay Creation and Play Clay Workshop / classes for kids, adults,
special needs, ADHD kids and seniors. I have conducted many clay workshop at the
various locations in Singapore, through events in shopping centers, clubs, outdoor events
, local school and international schools for the past 15 years. I've also used many different
brands of clay for 35 years. Since 1980, Sculpey products was one of the brand
that I supported and make known in Asia through my polymer clay book, experiments
and tests posted on my website, facebook, blog and forum. My promotion for years,
have helped the awareness of 'Sculpey' polymer clay, that were featured in the various
newspapers, magazines, TV media in Singapore and international news. I have
distributed Sculpey polymer clay, to many retail shops, artists, students, various schools,
animation Schools and art schools, buyers from India, exported to Indonesia and
Malaysia.

2. After years of establishing the brand name "Sculpey" in Singapore, sometime in 2011,
I was informed by the international sale manager that there will be a new distributors in
Singapore to sell 'Sculpey' clay products and that's when I decided to produce and
creating my brand of good quality polymer clay that is more user friendly in the name
of 'Garie Sim's Play Clay', 'Claytalyst', 'Sculpto Pro' and Sculpto Firm' in 2014.

3. By setting up my own brand, I faced the bullying from Polyform Products Company
and this happened

3.1. On 9 Sept 2014: Wayne M. Marsh, Global Sales, Polyform Products Company was
asking for my clay samples

    " Hi Garie,
    Can we get samples of your new clay to try?
    http://www.garieinternational.com.sg/clay/shop/playclay_gs.htm "

3.2. On 20 May 2015: Polyform Products Company issue a legal letter through their
lawyer in Chicago, Barnes & Thornburg LLP to say my clay products 'SCULPTO' is in
direct violation of Polyform Company's trademark.



Click above for full PDF Files


3.4	On 21 May 2015 : I wrote to Wayne M. Marsh, Global Sales, 
Polyform Products Company,

	Dear Wayne,

	"It's funny that your company just wrote me a lawyer letter and told me
	that I have infringed the Sculpey Trademark, this is far fetch  and
	the name was formulated from Sculptor minus the R and it became
	Sculpto, Sculptor is a generic name and has nothing to do with Sculpey."

	"I am writing to you because you told me that I was "grandfather"
	selling Sculpey in Singapore since 2001. I hope we can settled the
	issue amicably and don't have to spoilt our relation as I'm still
	promoting your products. If your organization is still pursuing me
	further, I will take on your company all the way as writting me this
	legal is rediculous and silly, suing me is not good for Sculpey
	Reputation Worldwide."

	"This does not mean we cannot settle the issue, just pay me for the
	name or buy me out or I will gives you the rights to produce Sculpto,
	we can settle the issue easily."


3.5	On 21 May 2015 : Wayne's reply,  

	"Hi Garie,

	"I am not involved with this but will forward your email to the appropriate people."


3.6	On 18 June 2015: Received email from Wayne, 

	Garie,

	I have been asked to respond to you since we know each other. 
	I have attached a document that shows the problem with Sculpto firm 
	as we see it. The primary problem is that the Sculpto firm packaging is 
	colored the same type of green that Super Sculpey has used for 40 years.
 	If you look at Sculpto firm next to Super Sculpey products, it clearly can 
	be confused by the consumer for a Super Sculpey product.

	If you change the Sculpto firm package color to something that would 
	not reasonably be confused for a Sculpey product, we have no legal issues 
	with Sculpto firm. If you refuse to change the color from what it is now, then 
	you will force us to pursue the matter legally with our full effort and ability. 
	This is an extremely serious matter that we must address to protect our 
	brand globally.

Please review the attached PDF file and respond.




Click above for full PDF Files

3.7	On 25 June 2015: Reply to Wayne,

	Dear Wayne

	"I received your solicitor's letter dated 27 May 2015 and to your email
	dated 18 June 2015."

	"The allegation in your solicitor's letter is unfounded.
	I believe I have the rights to use whatever colour I choose and Green
	colour to a chinese is prosperity and/or wealth. I /we have invested
	Sin dollars $xxx,xxx.xx in our packaging, factory, and our line of
	polymer product and therefore, I don't see the need why we should
	recall our product to satisfy M/s Polyform Products Company.  I
	reserve my rights on this matter and for your information, the colour
	Green is generic, as such we have no reason and /or change our
	packaging design to your demand unless M/S Polyform Products 
	Companyis willing to pay for our losses of US$xxx,xxx.xx to 
	recall our products."

	"Take notice that I will only recall my products and change colours if
	you can pay for my losses otherwise please go ahead with your suit as
	I believe I did not infringe on your design, product and /or the use
	of colour ( which is not the same green and green is colour share by
	everybody in the world ), in addition, even if you do not pay for my
	losses, Polyform Products Co. will suffer bigger either way, therefore
	I suggest you advise your company to pay for my losses."

3.8	On 26 June 2015, reply from Wayne,

	"Dear Garie,

	Your reply is noted and I have forwarded to the appropriate parties."

MY CAUSE

For M/s Polyfrom Products Company to fear my polymer product as in 
'Garie Sim's Play Clay', 'Claytalyst ', 'Sculpto Pro' and 'Sculpto Firm ', 
I believe my years of experience with polymer products have produced 
the best polymer clay and is user friendly for all polymer clay fans around 
the world and I hope everyone will support my cause to stop the BIG BULLY,
and the FRIVOLOUS claim, that is causing harm to my business.  
Everyone in this world has the rights to manufacture/produce any products
especially, when the labeling/name and color are generic. Please 
support me and my cause, you can email me for any clarification or enquiry 
for my products.  


Thank You for your kind attention.

Yours faithfully, 

Garie Sim
2015

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