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Posted: March 05 2006 at 11:27pm
I hope I unnderstand what Mark is saying. It is not the name, it is the process that is that is patented. It is kind of like Thomas Edison and the light bulb. He invented it put eventually anyone can make them. Or Ben Franklin and eye glasses, or levis and dungerees, etc.
I feel sorry for the DIYers!!!! You are the people I have learned the most from!!! I am a stylist and the majority of experienced stylist wouldn't give me near of the warm reception you guys have. Long before I was a stylist, I was a kitchen chemist. I learned way more that way than I ever did in school!
I also understand the business aspect of it I had a stylist wanting to come to work for me. Everything was a go and she had started moving her equipment in to my salon. She finally got the balls to ask me "So, when are you going to teach me how to do extensions. When are you going to order my kit?" I explained to her that I wasn't going to teach her. I am the only stylist in a 50 mile radius doing strand by strand extensions and I'll be damned if I move competition in the chair next to mine!!!! She threw a fit! That was it for her! She was just in it to get my knowledge.
I guess he is saying, if you want to apply adhesive lined heat shrink tubing in a hair extention process, get your supplies from a hardware store, not a person or business in the market selling "Shrink Tubes for Hair Extensions".
I hope this all works out. I can see it from everyone's perspective and I am so sorry crap like this happens.
Good Luck!
saucyblossom
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Posted: March 05 2006 at 11:27pm
Question #2..
Toobz, are you aware that there are several sources of adhesive lined shrink tubing, some pretty big ones too, like the 3M company, and others that sell the product wholesale?
It's not that hard to get the stuff.......I am still wondering if that is a entirely different product...or not????
Early years are learning years, make them count!
sherrie215
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Posted: March 05 2006 at 11:29pm
Aphrodite if you read his posts in regards to my questions, he is saying that the process of using shrink tubing to attach hair extensions is what is patented, so anyone that sells the tubing or markets the product for extensions is in violation of his patent. So when I asked if I could sell it and NOT advertise it as for use as a hair extension product he said...INCORRECT. According to MB, its not the likeness of the name...its the process
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Posted: March 05 2006 at 11:35pm
I think I'm getting it now.... whatever... we'll just have to start an underground for adhesive lined shrink tubing........thinking along the lines of bath tub gin and speak easy's for DIY hair extenioners.
Early years are learning years, make them count!
Aphrodite
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Posted: March 05 2006 at 11:35pm
I understand that is what he is saying.....I just don't buy it. Can I patent selling "bag balm" for use on dry skin? It was made for something else but many people use it for dry skin or cuts etc...gosh, I guess I'll just PATENT THAT!!!!
I would love to read the small print of his patent and what it pertains to...I can see the "likeness" of "shrinkies" being an issue, but the process...COME ON!!!!!
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Posted: March 05 2006 at 11:36pm
Aphrodite wrote:
I was at Home Depot the other day and found "shrink" tubing in the electrical department that works just fine when cut down and used with hair...THAT IS ALL IT IS!!!!!!!!! I call it "Hair bond stuff", and I am in no violation of any patent!!!!!!
You, my dear, most of all are in violation of the law in a number of ways. Is this not on your page?
Shrinklinks is a registered trademark for a product. As far as I have read on this forum, you are not licensed and therefore do not have Shrinklinks and do not use them in your salon. Also, what is patented is a method and a process. Have you ever profited from inserting a hair strand into a heat shrinkable tubing and enclosing that around a client's sectioned hair strand? I haven't.
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Posted: March 05 2006 at 11:39pm
AMM - I am sorry what has happened to you but please......
sherrie215
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Posted: March 05 2006 at 11:40pm
I also noticed something in smshands post that I think according to MB's previous post that he may has issue with.
smshands wrote:
I guess he is saying, if you want to apply adhesive lined heat shrink tubing in a hair extention process, get your supplies from a hardware store, not a person or business in the market selling "Shrink Tubes for Hair Extensions".
So according to his previous posts, he says anyone can put anything in there own hair, and for there own personal use. So I assume he would have an issue if a stylist was going to the hardware store and buying shrink tubing to put into a clients hair for profit!
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Posted: March 05 2006 at 11:43pm
First, in regard to my site and products being gone, many of you already know that back in December I became contractually obligated to something completely non-hair related and I have no spare time anymore. Products get sold, some I have restocked, some I haven't. I'm addressing some way to keep doing it all and I have no workable solution as of yet.
Second, there's been a lot of legalities already addressed last year between attorneys behind-the-scenes in regard to shrinkies. I'd like to add as well that none of that was between myself and Mr. Barrington, his company or products. What I know of this situation is what I have read right here along with you guys.
Let me say that I do respect the concept of patenting an idea/invention and keeping tight control over the product. Choosing who you certify and allow to use the product should be commended. Let's face it, if this was for the money, the shrinklinks would have been out in the market before China saturated the states with it. However, now that something's going to come out to the general public without control, there may be some question as to level of caring vs profit. I'm just sayin'.
That said, using the name "shrinkies" or "heat shrink tubing" in regard to hair is neither a violation of any registered trademark or patent. Providing heat shrink tubing does not fall into that realm either as the process for application is left up to the individual and has never been trained for profit. (Not by me anyway and I have no control over others who take it upon themselves to do). Surely, heat shrink tubing has been applied to the plugs of "thermosetting adhesive" coated hair strands as it has been applied to non-adhesive strands as it's been applied to bulk as it's been applied to pinchbraids as it's been applied to wefts, etc. There can't be general language in a patent process that states "this covers every known way of using generic tubing on any type of hair extension method." If one wants to patent every process and method, those methods for patent must be purchased. That's how fusion methods multiply with prior patents - something is changed or improved upon and a new patent emerges. That's how we wind up with multiple selections of products and generic versions and department store brands that not only create a like brand but even mimic design labels (which is a copyright but that's another topic). These examples are not exhaustive and can be sited over and over.
Now, I can see where the methods and procedure of attachment for monetary gain which is employed by individuals or salons may be a bone of contention. That may be something that has to be decided in the legal forum. But that has nothing to do with me. I've never gained profit over "attachment" process methods.
Just to inject some real fear into this -- I have seen this in a few places, salons/and or private extensionists profiting from using the name "shrinklinks" to promote a service when in fact they have neither been certified in or use Concept Inc.'s tubing and method. Further, using any heat shrink tubing that is not shrinklinks and promoting that to attract customers for personal profit
And I agree, it can be pretty confusing when the world market is saturated with a product name like shrinkies and is moving toward a name already trademarked. For example:
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Posted: March 05 2006 at 11:44pm
Sher, I think he's saying that any for-profit installation or
distribution of shrink tubing in or for hair is fine, as long as he
gets a cut. What happens for free is beyond his domain.
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Posted: March 05 2006 at 11:50pm
what I understand is..so long as someone is making money, and putting hardware store shrink tubing in someones hair it would be a violation of his patent. If Im using it for my own person use its fine!
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Posted: March 05 2006 at 11:51pm
amm wrote:
That said, using the name "shrinkies" or "heat shrink
tubing" in regard to hair is neither a violation of any registered
trademark or patent.
OK, now I'm totally confused. If it's not in violation, then what's the
issue here? Didn't MB say the distribution and/or application of shrink
tubing in hair (by any name) is in violation of his patent, unless he
gets a cut?
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Posted: March 06 2006 at 12:07am
You got to know when to hold ’em, know when to fold ’em,
Know when to walk away and know when to run.
You never count your money when you’re sittin’ at the table.
There’ll be time enough for countin’ when the dealin’s done.
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Posted: March 06 2006 at 12:07am
Jenny_RR wrote:
amm wrote:
That said, using the name "shrinkies" or "heat shrink
tubing" in regard to hair is neither a violation of any registered
trademark or patent.
OK, now I'm totally confused. If it's not in violation, then what's the
issue here? Didn't MB say the distribution and/or application of shrink
tubing in hair (by any name) is in violation of his patent, unless he
gets a cut?
So confused, lol!
xoxox
I only know about all this based on the early '05 incident with Dr. Locs and some other legal issues (not related whatsoever to Barrington)...
Shrinklinks is a trademark. You cannot use that to profit when you are selling a service or items that are not the trademarked product.
The patent is a process and method. Tubing vendors do not profit off a process - it's the salons and people who use the process for monetary gain or teach Barrington's patented process for their own profit. Anyone can go out and buy shrink tubing off the shelves - that is not the issue (edit: it seems mistakenly to be, though).
When you make money off the method Barrington patended, you are in violation.
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Posted: March 06 2006 at 12:12am
So what if the "process" was altered slightly? Like MB uses a
particular kind of hair and removal formula, but how about those who
use something different and call it a "shrinkie" (as opposed to
shrinklinks application). Are they in violation?
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