Tabberone is pronounced tab ber won not tay ber own

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Last updated - July 4, 2012

m3 girl designs has filed 3 lawsuits that we know about and threatened a lot of other people, and was the defendant in one law suit. 13-year old Maddie Bradshaw is fast becoming a hardened capitalist with no morals or qualms about who gets trampled in her drive for the big bucks. Although we suspect that Mommy Dearest is a driving force behind these lawsuits. And the marketing. Let us face facts. The whole idea of a company started by a child that ended up making millions of dollars is prime material for promoting ones business. But facing facts from a logical perspective, that is all it is. Marketing. There is NO WAY that Maddie Bradshaw took the idea to production without help, a lot of help, IF in fact she was the energizing bunny in this whole farce. And a farce it is. For your viewing pleasure we are providing access to what we consider to be relevant court documents in these cases. You may view them (in PDF format as downloaded from the court web site) or download a copy to your computer. On September 15, 2010, m3 girl designs was sued by Trendy LLC and Natalia Marketing which has been settled. Court documents are not protected by copyright so feel free to download these if you wish.

The lawsuit against Blue Brownies has generated a lot of filings. And these filings show just how much Hemingway has twisted everything around to win a case that just is not winnable for m3girl designs. And, in a filing dated May 15, 2015, the Dallas Town Clown specifically mentioned this web site in a motion trying to get the court to order any jury members not to look at this web site, among others. He referred to the language on this web site as "salty". Salty? Obnoxious - yes. Crude - yes. Insulting - yes. Snarky - yes. Salty - that's a condiment, not a description.

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. It will take a while to get them all posted so be patient with us.

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

Complaint, filed by D Scott Hemingway, on December 15, 2009. 15 pages. Note all of the crap about copyright infringement. This complaint is designed to scare the defendants into settling without a fight. Later, they would COMPLETELY drop all copyright claims when Blue Brownies fought back. 2010 Motion to Dismiss for a lack of jurisdiction, filed by attorney for Blue Brownies on January 11, 2010. 8 pages. Answer to Motion To Dismiss, filed by D Scott Hemingway, on February 1, 2009. 32 pages. Answer to Motion To Dismiss Exhibits, filed by D Scott Hemingway, on February 1, 2009. 40 pages. > Final Consent Judgment, filed July 21, 2010. Charlotte Liles settles with m3girl designs. Later, lying through his ass in court documents, Da Scott makes it appear that by settling, "Ms. Dudte's co-defendant, Ms. Liles, has admitted and acknowledged to the validity and infringement of all the Plaintiff's claims in the Original Complaint", which falsely infers an admission of guilt that is not there. Sleaze ball tactics. That smell is not a dead skunk. It is Hemingway. Order Dismissing State Claims, issued October 10, 2010. 16 pages.

2011

February 28, 2011 Amended Complaint, filed by Hemingway . 24 pages. Seems Town Clown Hemingway has sobered up a little and has dropped his outrageous and unsupportable copyright infringement claims. March 14, 2011 Defendant's Answer to Amended Complaint, with counter claims, filed by Charles W Hanor, attorney for Blue Brownies. 37 Pages. March 15, 2011 Motion For Leave To File, filed by D Scott Heminway, for m3 girl designs. An under-handed attempt to add 5 defendants to the case. None of these 5 defendants do business in the State of Texas. This is a back-door attempt to skirt jurisdiction and force these five to settle and probably a confidential cash payment to avoid a costly court fight with m3 girl designs. March 23, 2011 Motion To Compel, filed , by Charles W Hanor, attorney for Blue Brownies. Additionally the motion contains a request for attorney fees and requests sanctions be imposed against D Scott Hemingway. 13 Pages. Seems D Scott Hemingway failed to meet the first deadline for discovery even though he had been granted a two week time extension. He then filed his first amended complaint dropping his outrageous copyright claim for his unsupportable trade dress claims. As such he then refused to answer any questions about copyrights or produce any documents concerning copyrights claiming the issue was moot. March 23, 2011 Motion To Compel Exhibit C filed , with the above referenced Motion To Compel. 18 pages. Interrogatories were submitted to m3 girl designs by Blue Brownies. This exhibit goes over the replied from m3girl designs. Note the repeated boilerplate answers to each question. This is infantile and frowned upon by the courts. Additionally, D Scott Hemingway used the word "INTERROTORY" 9 times when he meant to use "INTERROGATORY". DUH! March 23, 2011 Motion To Compel Exhibit D filed , with the Motion. 141 pages It is the set of answers to the discovery of documents submitted to m3 girl designs by Blue Brownies. As you can see, m3 girl designs produced virtually none of the documents requested. That is a flagrant disregard for the discovery process. May 13, 2011 Second Amended Compaint. Charlotte Liles was dismissed as a defendant on July 21, 2010 but Dufus Da Scott Heminway relists her as a Defendant. What is in the Sterno he is drinking? Now Hemingway focuses on trade dress as his primary line of attack, with diversionary attacks using dilution. His "palming off" and "unfair competition" will fail. The first will be dismissed outright and the second has already been dismissed once (the poor boy just is a very slow learner). June 3, 2011 Second Amended Answer. Has some very interesting facts about bottle cap jewelry as well as information about Diane Bradshaw (which we go into under the Mommy Dearest pages). June 13, 2011 Answer To Counterclaims. More proof, as if we needed it, that D Scott Hemingway is dumb as a rock. Dumb. Really, really dumb. August 8, 2011, the Defendants' filed a Motion For Summary Judgment On The Trade Dress Claims. December 5, 2011, Judge Royal Ferguson held a hearing on Defendants' Motion For Summary Judgment On Trade Ress Claims. It seems that D Scott Hemingway needs to update his file photo because he now sports a mustache goatee. Perhaps he believes it makes him look tougher but it only makes him look more like a carnivil barker who cannot locate his bottles of snake oil. Mommy Dearest was present for the Plaintiffs. We wonder if she had to pay to park her broom for the hearing. December 6, 2011 At the conclusion of the hearing, Judge Royal Ferguson gave the impression that a ruling on the Motion For Summary Judgment On The Trade Dress Claims would take 10 days to two weeks. He issued his Order Denying Summary Judgment (7 pages) on Tuesday, the next day. The moving party, the defense, had to present enough evidence and the court declared that it did not meet its burden. December 16, 2011 Not to deterred, Charles W Hanor, attorney for Blue Brownies, filed a Motion For Reconsidertion Of MSJ Order (17 pages). The motion points out a lack of legal basis in the Order and presents considerable new evidence contradicting the claims by m3girl designs that they are the inventors of bottle cap jewelry. The Appendix is quite large, some 3.6MB, so if you want to view it, or download it, be patient because it will take longer than you might expect. Click here to view/download the appendix.

2012

January 6, 2012, Hemingway filed his response opposing the Motion To Reconsider. The Motion To Reconsider was denied. May 15, 2012 A flurry of different motions filed provide an insight to the jury trial, which is scheduled to begin for Monday, June 18, 2012. Expert witnesses and other intended evidence submissions are challenged in a variety of filings. In one filing by the Dallas Town Clown, Da Scott Hemingway, any reference to Tabberone.com is to be excluded by the court. For the most part, these various motions to exclude and/or limit were granted, some modified by the court, on June 1, 2012. Both sides are preparing for a jury trial on the trade dress issues. Both sides have acquired two "expert" witnesses. The expert witnesses submit their reports and surveys which are then given to the other side. Usually the witnesses are then deposed. After that, the sides usually enter motions to have the experts or their reports and surveys declared unqualified. May 15, 2012, Blue Brownies submitted a Motion To Exclude Selected Testimony From Patent Attorney Steven E. Ross. This motion, and the following motion filed by Charles Hanor, attorney for Blue Brownies, go into excellent discussions of the Federal Rules pf Evidence. Unlike what is seen on television and in motion pictures, evidence has very specific rules on admissibility and on relevance. In the Brief Supporting the Motion [in PDF format], is seems that m3girl designs and Hemingway wanted Steven E. Ross to testify on 19 different issues, including such areas as the market for plaintiff's products, purpose and use of bottle caps in the design of bottle cap jewelry, alternative jewelry designs, cost of bottle caps in the design of bottle cap jewelry, etc. And what is his expertise in the area of jewelry? Buying gifts for his wife and young daughter. We kid you not. Of the 19 different issues, patent attorney Steven E. Ross appears to be qualified to give expert testimony on 2 of the issues. Maybe two. May 15, 2012 Also filed was a Motion To Exclude Opinion Testimony Of Consulting Economist Helen Reynolds. In the Brief Supporting the Motion [in PDF format]. This motion was granted on June 1, 2012.

Ms. Reynolds' computation of lost sales is determined by her self-created and novel formula that she has never used for any purpose other than to form her opinions in this lawsuit. Likewise, Ms. Reynolds' novel step-down formula to compute lost sales for fad products has never been used by anyone other than herself, and has not been peer-reviewed, published, or validated in any way. [citations omitted]

May 15, 2012 Filed by m3girl designs was a Motion For Partial Summary Judgment [in PDF format], trying to cash in on the present interpretation of the court about the trade dress of the jewelry of the plaintiff. In the motion Hemingway alleges that Blue Brownies is attempting to ride on the "coat-tails" of his client, m3girl designs. His proof for this is on page one of the results of a Google internet search for "m3girl designs".

When that search request is provided to Google, the Google search engine returns ten top choices that all relate to "M3 Girl Designs," and then identifies Defendant Blue Brownies consistently as the first option for competitors under "Pages similar to www.m3girldesigns.com" as follows.

What he does not say is that these very web pages, Tabberone's Trademark and Copyright Abusers' Hall of Shame, come up #5 on page one, right after the web pages for and by m3girl designs. But he does mention Tabberone in a later motion. On may 23, 2012, the court issued its Order Denying The Motion For Summary Judgment [in PDF format 6 pages]. May 15, 2012 Also filed was a Motion To Exclude Proposed February 28, 2012 Copyright Expert Testimony of Mr. Ted Lee. In the Motion To Exclude [in PDF format], Hemingway claims the withdrawn copyright issues are not subject matter for a jury since the trial is about the newer claimed trademark trade dress issues. Click here to read the Expert Witness Report of Ted Lee which was filed with the court May 22, 2012. [in PDF format 25 pages] May 15, 2012 Another motion filed by Hemingway was a Motion to Exclude the Proposed Expert Testimony of Ms. Sherri Haab [in PDF format]. After reading this Motion, one would wonder what qualifications Sherri Haab could possibly have that would qualify her as an expert witness. But remember, the motion was written by the Dallas Town Clown. What are her numerous qualification to testify about jewelry for "tweens"? She has been a craft book author, teacher, designer and product developer for over twenty years Her work has been published and broadcast by Random House, Klutz, American Girl, Disney, Martha Stewart Radio, Home and Garden Network, DIY Network and others. She studied art at Brighham Young University She has published 26 books with some selling over a million copies read the Expert Report [in PDF format 49 pages] that was attached as Exhibit 1 to the motion for more of her very many qualifications. She is a lot more qualified to give expert testimony on jewelry than a patent lawyer whose only experience is purchasing jewelry gifts for his wife and daughter. Sherri Haab states that she first saw bottle cap jewelry in 1995 or 1997, while Maddie Bradshaw was in diapers and probably still bottle-feeding. Sherri Haab co-authored the craft book CAPSTERS, published by Klutz in 2005 and sold 100s of thousands of copies in the US. CAPSTERS was a how-to book on bottle cap jewelry. Published three years before. Maddie Bradshaw claims she "invented" the idea. May 15, 2012 In another motion filed by Hemingway, Plaintiff's Motion In Limine [in PDF format], he complains about this web site and the content [in part]:

2. Any reference to any Internet websites that contain disparaging commentary about the Plaintiff, its principals, its counsel, or this Court. The precise connection between the Defendants and the author of a "Tabberone" website is unknown, although the Defendants have mentioned to this Court, and used as support for its positions, the website located at www.tabberone.com. This website was originally dedicated to the memory of several deceased pets, but it is now dedicated to voicing opposition to entities or persons that assert trademark or trade dress rights. The author of this website has provided rather "salty" and "colorful" descriptions of the Plaintiff, its principals, and its counsel, and the website author has even provided less than favorable reviews of this Court and Orders issued in this case. [emphasis added]

As usual, Clown Breath gets the details wrong. The Defendants used the web site to attack the now withdrawn and bogus copyright claims where m3girl designs claimed ownership of original artwork that in many cases was purloined from the efforts of others. The web site was not used as support for its positions. But it did not take the Plaintiffs long to change their claims when they saw the artwork comparisons, did it? And, the web site was not dedicated to several deceased pets but rather named after one deceased cat, Tabitha. We are not salty. We are insulting. Being nice to people like Hemingway and the Bradshaws is a waste of time. Because they are not nice. In our opinion calling the Bradshaws liars is supported by the evidence which indicates that they are liars.

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.

Case 3:09-cv-02334-G-BD, M3Girl Designs LLC v. Purple Mountain Sweaters et al Complaint, filed by D Scott Hemingway, on December 8, 2009. 14 pages. Motion to Dismiss for a lack of jurisdiction, filed by Carol Bishp on January 7, 2010. 22 pages Motion to Dismiss, exhibit #5, examples of copied artwork by m3 girl designs. 5 pages. Answer to Motion To Dismiss, filed by D Scott Hemingway, on January 28, 2009. 44 pages. Opinion by the judge, filed September 10, 2010, dismissing the law suit stating a lack of jurisdiction. 22 pages.

Case 3:09-cv-02335-B M3Girl Designs LLC v. Lucky 11 Inc et al Complaint, filed by D Scott Hemingway, on December 8, 2009. 10 pages. Answer to Complaint filed by attorney for Lucky 11 on February 4, 2010. 22 pages Case was settled.

1:10-cv-11566-JLT, Trendy LLC and Natalia Marketing v. M3Girl Designs LLC Complaint, filed by Trendy LLC and Natalia Marketing, on September 15, 2010. 13 pages. Exhibit C of Complaint, filed on September 15, 2010. 23 pages. Exhibit D of Complaint, filed on September 15, 2010. 23 pages. Exhibit E of Complaint, filed on September 15, 2010. 7 pages. Motion To Dismiss, filed by Scott Hemingway, on November 4, 2010. 25 pages. Opposition to Motion To Dismiss, filed on November 18, 2010. 28 pages. It has been a while on this case. As of April 2011, the court has been granting delays over settlement talks. Based upon a report from m3girl designs (we are guessing full of lies if written by Hemingway), dtaed June 15, 2011, the court has order more delays while settlement talks continue. SETTLED - Da Scott Hemingway and m3girl designs settled the lawsuit with Trendy. Although the settlement is confidential, and we personally think all confidential settlements should be outlawed, we are confident that Da Scott Hemingway and m3girl designs got their respective clocks cleaned on this one. Trendy had too much money, better lawyers and the home court advantage.

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, m3 girl 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 m3 girl 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 m3 girl 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 our analysis of the three Copyright Registrations claimed by m3 girl designs, CLICK HERE. The analysis goes over the three registrations and discusses what we say is wrong with them. To read our analysis of the three lawsuits filed by m3 girl designs, CLICK HERE. The analysis goes over the various claims and why we say they will fail.