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m3 girl designs Maddie Bradshaw Hall Of Shame Member Added September 26, 2009

Last updated - May 19, 2013

UPDATE - June 28, 2012 - The trade dress trial is over and m3 girl designs lost on every count. A resounding victory for Blue Brownies and and its legal team of Charles Hanor and Rocky Little. Mike, Mr Tabberone, was present for the first four days of the trial and he will be converting his notes into a narrative of events with observations about the participants. To read the the jury's verdict where it rejected all counts CLICK HERE [in PDF format], entered June 27, 2012. The trial started June 18, 2012. Court documents are not protected by copyright so feel free to download this if you wish. Click here for the transcribed notes taken by Mike during the first four days of the trial in Dallas. The first part of the notes were posted June 30, 2012. Parts of Day 4 are now up. It will take a while to get them all posted so be patient with us. The last update was July 26, 2012.

And here is an exclusive picture of the Bradshaws just after they heard the verdict from the jury:
Diane	Maddie	Margo

UPDATE - October 31, 2011 - It seems that m3girl designs has acquired federal trademark registrations for two new bottle cap jewelry companies, FUN-CAP-U-LOUS, used since June 2010, and SPARK OF LIFE, used since September 2010. FUN-CAP-U-LOUS bottle caps are in the stores and make NO mention of m3girl designs. FUN-CAP-U-LOUS appears to be used "to sell bargain brand versions of identical products" marketed by m3girl designs. She's competing against herself? The registered logos shown below do not show much imagination for someone who claims to have so much imagination. Blah comes to mind.

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September 1, 2011 - It is getting messy. Dallas Town Clown Hemingway keeps answering discovery with generic garbage designed to delay and run up costs. Since Hemingway is getting $450 an hour, why not? There goes Maddie's college fund out the door. On July 7, 2011, Charles W. Hanor filed his Second Motion To Compel, which included a lengthy Memorandum detailing what had happened. It seems that we will not be able to read Hemingway's Answer to the Motion To Compel because of some silly overreaching Protective order issued January 27, 2011, that covers just about anything either lawyer wants covered. On August 8, 2011, a Motion for Summary Judgment On The Trade Dress Claims was filed. We particularly like footnote #3 on page 5:

3. The Plaintiff and its attorney have made the "Tabberone's Trademark and Copyright Abusers' Hall of Shame." See http://www.tabberone.com/Trademarks/HallOfShame/M3Girl/M3Girl.shtml which details the invalidity of Plaintiff's copyrights that were plagiarized from clip art and the internet.

Part 2 of the Motion was filed under the aforementioned Protective Order. We seriously doubt there is anything in this case that merits being excluded from public records for either side. On August 11, 2011, Charles W. Hanor filed his Reply Second Motion To Compel, as we noted, Hemingway's answer was sealed. With the Reply, was an Appendix, a list of documents which we found interesting since one of the documents in the Appendix was labeled "Exhibit J - Tabberone's Hall of Shame M3 Girl Designs Copied Artwork Comparisons from www.tabberone.com-". But Judge Royal Furgeson is getting a bit testy over the proceedings. The sniping between the attorneys is going to stop or he is going to lighten their respective wallets, a lot. In his latest Order, he has given them 14 days in which to comply with certain discovery, or else. Of particular interest, m3girl designs has 14 days in which to produce side-by-side comparisons of artwork which is claims was infringing upon its copyrights when it filed the original lawsuit. The Dallas Town Clown has got to be sitting in fresh fertilizer reading that one. Hot damn. The Judge Royal closed with direct threats of misconduct fines for the attorneys starting at $1,000 for the first offense, and incrementing to $5,000 for the second offense, $10,000, $50,000 and so forth, if they did not stop their childish behavior in his court. That is one way to take care of the deficit.

March 15, 2011 - In his Amended Complaint Answer, filed by Charles W. Hanor on March 14. 2011, he has counter-claimed for violations of the Lanham Act claiming False Advertising under Section 43(a) whereby claims made by m3girl designs were deliberately false, and he shows how in the Answer, and he counter-claims on Copyright Claims whereby m3girl designs prosecuted copyright claims in bad faith and Blue Brownies is now the prevailing party in those claims and is entitled to attorney fees as a matter of law. Charles W. Hanor is also seeking an injunction and enhanced damages against m3girl designs. Hot damn. To read more about all of the lawsuits, CLICK HERE.

March 2, 2011 - In his Amended Complaint, filed by Hemingway on February 28, 2011, it seems that the Dallas Town Clown Hemingway has sobered up a little and has dropped his outrageous and unsupportable copyright infringement claims. Or perhaps he now has some adult supervision? Now he instead relies on false claims of state and federal trade dress, dilution by blurring, dilution by tarnishment, palming off, unfair competition and trademark infringement. While the copyright claims have been dropped, for now, the Amended Complaint alludes to copyright infringement in ¶¶ 25-26. And his signature is rubber-stamped to the filing. Did he actually read it before someone stamped his name onto it? Another sorry court filing by the Lone Star Loser, Da Scott Hemingway.

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February 22, 2011 - And the defeats for m3girl designs and Da Scott Hemingway continue. On October 2, 2010, Judge Royal Furgeson dismissed the state claims made by m3girl designs and Da Scott Hemingway against Blue Brownies. The order makes very interesting reading as it shows how unorganized and inept Da Scott Hemingway really is. The new attorney for Blue Brownies, Charles W. Hanor, Hanor Law Firm out of San Antonio, Texas, appears to be going on the attack which will likely leave Da Scott looking more foolish. Buck up, Maddie. You still have a few cases where the defendants could not fight back so you won them by trampling all over the rights of others. Maddie, Maddie, Maddie, Maddie.

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Maddie Bradshaw is a millionaire because she took the idea of bottle caps, magnets, and teen jewelry to a new level. Along with a whole lot of self-promotion, or lies, about her creativity. She, with a whole lot of help from Mommy Dearest, began marketing bottle caps adorned with pictures. But not just bottle caps. Bottle caps with magnets on the back. She claims she designed a necklace that would hold the bottle cap and called it, you got it, a bottle cap necklace. She liked the idea so-o-o much she started her own company, m3 girl designs. Maddie, with a whole lot of help from Mommy Dearest, has trademarked the term Snap Caps, has her own web site, http://www.m3girldesigns.com/, and also has a very high opinion of herself. Her picture appears four times on the index page and the About Us page and at least twice on every other page. That's a lot of Maddie. And Maddie, with a whole lot of support from Mommy Dearest, also claims that she owns the idea of bottle cap jewelry and she, and her storm-trooper corporate attorney and general all-around asshole, D. Scott Hemingway, are actively involved is attacking anyone they think is stupid enough to use her idea. Even though she did not invent interchangeable jewelry, or magnetic jewelry or bottle cap art. But do not try to tell her or Hemingway that minor tidbit. Lawsuits, and the threat of lawsuits, is the tactic du jour for businesses that lack competitiveness and lawyers who are ethically deficient. UPDATE - FLASH - December 24, 2009 - Maddie Bradshaw has sued Purple Mountain Sweaters and Cheer Chics Charms, falsely alleging copyright infringement and trying to claim trademark infringement. How can we state that Maddie Bradshaw, a..k.a. m3 girl designs, is falsely claiming copyright infringement? We compiled a table of the alleged infringements with all of the bottle caps side-by-side. Look for yourself at the table and we believe you will com to the same conclusion that at which we have arrived: Maddie Bradshaw, a..k.a. m3 girl designs, her storm-trooper corporate attorney and general all-around asshole, D. Scott Hemingway, have filed (we believe) perjurous-laden and lie-filled complaints in the Northern District Court of Texas, Dallas Division. We have done an analysis of the three lawsuits that you might find very illuminating. We have also compiled a table showing what artwork Maddie Bradshaw has appropriated from others and is now claiming as her own that no one else can use. We will add to this table as we find more. We have 40 examples so far of art work Mad Maddie has directly copied. Not only is Mad Maddie infringing upon the copyrights of others, she is suing over the perfectly legitimate use of public domain art work that she has appropriated and is claiming as her and hers alone. We count at least a full 116 images we believe she copied from other sources out of 260 images on her web site as of December 30, 2009. Court documents that we consider relevant click here. They are in PDF format and can be downloaded if you wish. We will add documents as we get them.

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And now, back to our main story: So, you ask, what did this narcissist, 13-year old millionaire entrepreneur do to be inducted into the Tabberone Trademark & Copyright Abusers' Hall Of Shame? She, and her storm-trooper corporate attorney, D. Scott Hemingway, partner in the Dallas/Houston law firm of Hemingway & Hansen, think she owns the idea of painting the inside of a bottle cap and attaching a magnet. D. Scott Hemingway wrote a letter to Etsy.com demanding a number of auctions be removed from the site. We have quite a few problems with this letter which we will detail here. D. Scott Hemingway, partner in the Dallas/Houston law firm of Hemingway & Hansen, titled the letter a "Cease and Desist Request" and it was sent to Sarah Feingold, the attorney for "etsy.com." It appears that D. Scott Hemingway took enough time to find out to whom the letter should be sent but little else. That is a corporate attorney for you - why spend time getting it right when it interferes with your time on the golf course or pulling the wings off of flies? Originally we thought that D. Scott Hemingway, partner in the Dallas/Houston law firm of Hemingway & Hansen, was too stupid to be a corporate lawyer but we have changed our minds. D. Scott Hemingway is stupid enough to be a bottom-feeding corporate lawyer. And what is it with these three-name persons, anyway? It seems they are either arrogant corporate lawyers or serial killers. We are not sure which we would prefer to have over for dinner but we are leaning towards the serial killers. Not only do we believe that they would br more interesting company but we would not have to count the silverware after they leave. The entity running the web site is Etsy, not etsy.com. Somewhat like eBay is not called ebay.com. Wal-Mart is not called walmart.com. It is a simple courtesy, apparently unknown to D. Scott Hemingway, to address the other party properly. And the time to research this is minimal. But then, D. Scott Hemingway cannot seem to get the name of his client spelled properly. He keep referring to his client as "M3Girl Designs" when it is very easy to see the corporate name is "m3 girl designs", all lower case, as plainly stated on the web site. Minor point but it continues to pile up, like manure.

Does D Scott Heminway ask people, "Do I look like I have 'stupid' written on my forehead?" Yes, Scott, you do, you clown. D. Scott Hemingway, what does the "D" stand for? Doofus or was what that your average grade in law school? If you don't like the "D" name, why not tell people to just use Scott Hemingway instead? But that would not be as pretentious, would it? How about "Da Scott Hemingway"? Now that is more arrogant, much like your "Cease and Desist Request" letter. Considering the (we believe) perjurous lawsuits you filed we think your middle name should rhyme with "Rule 11 Sanctions".

Da Scottt calls his letter a "Cease and Desist Request" when in fact it is a notice of claimed infringement ("NOCI") as described in the DMCA. Perhaps he thinks the wording is fooling someone because a cease and desist letter is not actionable? Da Scott's letterhead makes the claim that he is an "Intellectual Property" lawyer so why doesn't he know about the DMCA, NOCIs and the rest? Didn't they tell you Scott not to get your law degree from a school that advertises on a book of matches like Billy Bob's School of Barbeque & Law? Then Da Scott goes on to claim that an Etsy seller is

"offering, manufacturing and selling infringing bottle cap necklaces on the etsy.com website, which is a blatant violation of intellectual property rights secured (and being secured) by M3Girl Designs, LLC".

Ohhh. Serious business, except D. Scott Hemingway fails the sniff test. It appears he is claiming that his client, m3 girl designs, owns all rights to magnetic necklaces and the attachments, in this case, painted bottle caps (FYI to Da Scott- bottle caps is two words you moron, not one). This concept of magnetic jewelry is not new but Maddie has managed to make big bucks off of it by targeting the "tween" crowd, notably teenage girls. And good for her. But she doesn't own the idea. Yet. Or ever. The idea of magnetic jewelry has been is public domain since before the 1990s so it is not available for patent. In fact, In Dear Rings, who also sells magnetic jewelry, was selling magnetic jewelry over three years before m3 girl designs began. FYI again Scott, United States Patent 6729159 for an "interchangeable jewelry system" belongs to one Laura Jeanene Rose, which she filed for July 16, 2002. D. Scott Hemingway tries to infer in his letter that a "patent pending" is proof of a valid claim, among other claims:

"M3Girl Designs holds all rights to Snap Caps® and the related jewelry designs through copyright and trademark rights, as well as through pending patent applications. Snap Caps include chokers with magnets that securely fasten the bottlecaps (sic) to the necklaces and allow for the bottlecaps (sic) to be interchanged or swapped with other bottlecap (sic) designs."

But here's the problem. A claim of "patent pending" has no legal standing because the rights afforded to a patent do not begin until the patent has been issued. Trademark rights only apply to the origin, or manufacturer, of the product. In this case, the trademarks Snap Caps®, Original Interchangeable Bottlecap Jewelry® and m3 girl designs, denote the origin of the products but not the products themselves. So there is NO trademark protection afforded to the idea of magnetic jewelry, rather only to the source of that jewelry. And, there are five (count 'em, five) other registered federal trademarks for the words Snap Cap, Snap Caps and Snap Kaps. "All rights", Scott? As for the claimed copyrights, they do exist but not for the idea of magnetic jewelry. One cannot copyright an idea rather one copyrights the embodiment of that idea. Superman is the copyrightable expression of a super hero but not the idea of a super hero. If an idea could be copyrighted, Captain America, Batman, The Hulk, and many others would not exist. There would be only one novel about space exploration, one mouse cartoon character and one detective story. So, we have established that a pending patent application provides ZERO rights; a trademark provides ZERO rights to a product; and that the copyrights are for the pictures of the product, not the product itself; so the registered copyrights provide ZERO rights. Zero plus zero plus zero equals what, Doofus? Your IQ! Actually it represents the billable hours that you should have on your tab for m3 girl designs, not what you charged her based upon the quality of your work. Your client, m3 girl designs, does not have any rights to prevent others from making, advertising and selling magnetic jewelry, even those that use bottle caps (two words, Doofus, not one). The letter from D. Scott Hemingway goes on to say that the Etsy seller is also infringing by offering products that infringe upon the rights of some well-known trademarks (and we admit it looks like she was). But Da Scott, isn't that like calling the world flat? Your narcissistic client, m3 girl designs, has a media web page that illustrates how successful she has been. That web page uses copyrighted video and copyrights publications, for commercial purposes, without any declaration that the copyrighted material is being used with the knowledge and permission of the copyright owners. Did TIME Magazine give her permission to use the TIME cover with President Obama on it? Your client appears to guilty of the same infringing activities you so earnestly point out about the Etsy seller. Also, your client, m3 girl designs, uses easily recognizable reproductions that closely resemble copyrighted characters and trademarks names. And, her pictures of dogs, cats and horses? Did she take them herself or lift them off the internet? We're guessing the latter.

D. Scott Hemingway then threatens Etsy with:

"You have five (5) business days to provide us with proof that etsy.com has ceased and desisted from all such illegal competitive activities. Further, we need proof that your website has taken down all offers to sell infringing products."

This is why we call Da Scott an asshole. First, he knows, or reasonably should know, the nature of Esty. Like eBay, it is a site upon which people can sell products either at auction or in a store-like venue. Any fool, including D. Scott Hemingway, could easily see Etsy is not the seller. The over-bearing tone of the passage is either designed to intimidate or to show the world that D. Scott Hemingway did not do the simple task of research before sending the threatening letter. We believe the latter. Congress has already mandated the correct procedure for a rights owner to have infringing material removed from web pages. Etsy has also set up procedures to comply with the DMCA and other internet-related complaints. Had D. Scott Hemingway done his research, he would have easily discovered those procedures because Etsy, unlike eBay, is user friendly on this subject. Instead of an NOCI, D. Scott Hemingway sends this bloated and factually incorrect letter. Da Scott demands Etsy search the web site for other infringing activity. Da Scott? You do not have the legal right to make that demand, you asshole, because Etsy is not selling the alleged infringing items, independent sellers are. But, based upon your claims, legal rights is not one of your strong points, is it? Stealing lunch money from others on the playground appears to be your speed. And Scott, why would you tell Sarah to police the Etsy web site when you can and then bill m3 girl designs? That's revenue. Since corporate lawyers bill in fifteen-minute increments, you could find one allegedly infringing item, send Etsy an NOCI, and the bill your client fifteen minutes for five minutes of work. Then go back and do it again! That gives you 12 fifteen-minute increments in one hour. Big bucks. Then you could afford a good legal secretary. Then Da Scott closes with:

"If we are not satisfied with your response, we will take the legal appropriate action (sic)."

Scott, you really need to invest in a good legal secretary. She will make you appear less ignorant, if that is possible. Just overbill a few of your clients and you will be able to afford her in no time. What is "legal appropriate action"? One easy way to determine if a phrase is correct is to re-phrase it. "Appropriate legal action" is legal action that is appropriate. See how easy that was, Scott? But "legal appropriate action" does not compute when re-phrased as "appropriate action the is legal". Confused, Scott? So what else is new? So, boys and girls, what does all of this tell us? D. Scott Hemingway, partner in the Dallas/Houston law firm of Hemingway & Hansen, is another over-reaching corporate lawyer with his head up his ass.

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On Maddie's "Celebrity Buzz" page, her picture appears six more times besides the two gratutitous Me-Me-Me shots. But really, in these pictures, doesn't she look like she has to pee real bad?

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That looks like it will be an improvement. But be careful: if MicroSoft comes after you for using their pictures it will be like someone dropped a house on you.

Bottle Cap Art Work Comparison Tables To view the Comparison Table of bottle cap art that is claimed to be infringing, CLICK HERE. This table shows the bottle caps of Purple Mountain, m3girl designs, and Cheer Chics Charms, side by side, so you can see for yourself that the claims of copying are false and deliberate lies by D Scott Hemingway, the attorney for m3girl designs. To view the Comparison Table of bottle cap art that is claimed to be infringing, CLICK HERE. This table shows the bottle caps of Blue Brownies and m3girl designs, side by side, so you can see for yourself that the claims of copying are false and deliberate lies by D Scott Hemingway, the attorney for m3girl designs. To view the Comparison Table of bottle cap art that shows designs copied by m3girl designs, CLICK HERE. This table shows the bottle cap art claimed to be original by m3girl designs and the source from which she copied it. Maddie Bradshaw is a liar and a thief. To view the analysis of the three Copyright Registrations claimed by m3girl designs, CLICK HERE. The analysis goes over the three registrations and discusses what is wrong with them. To read an analysis of the three lawsuits filed by m3girl designs, CLICK HERE. The analysis goes over the various claims and why they will fail. To read the various court documents concerning the lawsuits filed by m3girl designs and the lawsuits filed against m3girl designs, CLICK HERE

Diane Wilson Bradshaw, whom we call Mommy Dearest, a.k.a. BITCH, which is our opinion, but if anyone has any facts to support our opinion, please feel free to share them.

 

 

Rebuttals In an effort to provide a balanced view, we make the following offer to anyone who feels they have been wrongly accused on this web site. If you, or your company, have been referenced on these pages, and you would like the chance to post a rebuttal, we will post your rebuttal (provided it is in good taste) so others can read it. The rebuttal must be submitted in a format that can easily be converted into HTML. We reserve the right to alter the rebuttal to make it more readable. However, we will not alter the content (unless there is offensive material to be removed). We also reserve the right to comment on any rebuttal received. Emails protesting the content of this web site may be treated as rebuttals by us at our discretion.

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