POLYFORM PRODUCTS COMPANY IS A BIG BULLY
My Name is Garie Sim,
I was marketing and promoting Sculpey
(Polyform Products Company), since 2001 in Singapore, I was named
the "grandfather "
Sculpey polymer clay in Singapore. For years my promotion
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
Clay Creation and Play Clay
Workshop / classes
for kids, adults,
kids and seniors.
I have conducted many
clay workshop at the
various locations in Singapore, through events in
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
tests posted on my website,
My promotion for years,
have helped the awareness of 'Sculpey' polymer clay, that were featured
magazines, TV media
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
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
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
and this happened
On 9 Sept 2014: Wayne M. Marsh, Global Sales, Polyform Products Company
asking for my clay samples
" Hi Garie,
Can we get samples of your new clay to try?
On 20 May 2015: Polyform Products Company issue a legal letter through
lawyer in Chicago, Barnes & Thornburg LLP to say my clay products
'SCULPTO' is in
violation of Polyform Company's trademark.
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Click above for full PDF Files
3.4 On 21 May 2015 : I wrote to Wayne M. Marsh, Global Sales,
Polyform Products Company,
"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
"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,
"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,
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
Please review the attached PDF file and respond.
Click above for full PDF Files
3.7 On 25 June 2015: Reply to 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,
Your reply is noted and I have forwarded to the appropriate parties."
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.
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