Putting Your Bonanzle Booth On Vacation - Video

eCrater - Selling On The "Moon"

In the spring of 2007, we were looking for an eBay alternative to help push our sales. This was no easy task because when you do a Google search, tons of venues come up.

We decided to snoop around several sites, lurk the forums and search products to see if there were large amounts of counterfeit items. We knew that we wanted a site to have helpful forums, as few counterfeits as possible and of course, sales.

It was a daunting task but after several days, we decided to try eCrater.com.

We decided to keep our ID from other venues, Dakota Exchange, and began to create our store. We found that can we could create our online store for free. Uploading our photos and descriptions of the things you want to sell was a snap. We were able to customize the look of your store with different color templates and fonts. There's also a feature to allow sellers who list on other venues to import listings to eCrater.com. eCrater also feeds your products to Google Base so each seller does not have to do it themeselves (that's a big headache and time saver!). Listing is free and you don't pay any fees. You are allowed to offer most payment services including Google CheckOut, checks and money orders.

We were pumped and listed several hundred items. Sales were slow at first. At one point, we thought about deleting the store but all of the sudden, we had fairly regular sales. We checked our standing in Google searches and were pleased that we were either the highest or second in most searches.

We did add our eCrater store URL to most search engines and a few places that allowed links without exchange. We didn't invest a lot of time on this but it seemed to help our sales.

eCrater is not for those that expect it to be like eBay. It is nothing like eBay. You are responsible for your own store promotion outside of Google Base. It is very much like having your own website. In fact, some sellers use eCrater as a shopping cart for their stand alone websites. If you are not in it for the long haul, then eCrater may not be right for you.

Today, we sell about half as much or maybe a little more on eCrater as we do on eBay. We have found that most of the eCrater shoppers come to the site via Google. The interesting part is that most of our higher end items sell on eCrater (and that tickles us pink because there are no fees but for the cost of the payment service) but on eBay, these same items rarely, if ever, sell.

We are glad that we chose to sell on eCrater. Starting with top notch customer service from the eCrater Team down to the ease of listing our products, eCrater provides a viable addition to our online sales efforts.

About eCrater

Dimitar is the founder and the creator of eCRATER.com, a free online store builder and marketplace.

The development of the eCRATER began in the early spring of 2004. After many hours of hard work, eCRATER.com finally went live in its beta version in the early fall of 2004. Since then, Dimitar has constantly been adding new features while also trying to keep the original "clean and simple" look.

"Cater to your sellers and buyers will come"

Dimitar believes that a good foundation for a growing marketplace is a community of happy sellers. Thus the idea of providing the stores for free.

According to Site Analytics, eCrater's search rank is 1137.

Further Site Statistics From Site Analytics:
(Click the graphics to enlarge them.)


Comparing Bonanzle, eCrater and Atomic Mall
Comparing Bonanzle, eCrater and Atomic Mall

Bonanzle Bargaineer - Bonanzle's New Newsletter

We went to our email inbox on Thursday and found a wonderful surprise. Lo and behold, there was email from Bonanzle, the contents of which was Bonanzle's very first newsletter. WooHoo!

There was a nice opening note from the editor, Arlene. Arlene is also known on Bonanzle as PassionFuel. You can also find Arlene on Bonanzle at her new newsletter ID, Bargaineer.

The newsletter contains interesting information for both buyers and sellers. It even has a section called Calendar Curiosities with dates of various items of interest. Looking further we found it also included a featured unique item section. There are also other miscellaneous sections that offer a little something for everyone.

Great job Arlene, we can hardly wait for the next issue to come out!

Sellers Of Handmade Items Find Success On Etsy

We have a friend who has found success selling on Etsy. Her user ID is sparkklejar. The first time we met Sparki was in the eBay Answer Center and we were totally impressed with her salvaging and creative talents.

Sparki's real name is Lisa and she's been a collector of mason fruit jars for many years. She is especially fond of Kerr jars. All of her life she has repurposed items into something else useful. So the reclaimed item trend for her is something she has always done. She is thrilled to salvage, upcycle, repurpose and upchic glass jars and other vintage items she offers on Etsy.

What can you expect to find in Sparki's store?

* Vintage Upcycled Repurposed Chic and Shabby Mason Jars.
* Cottage Whimsy Victorian Recycled Goodies and treasures.
* Unique home canning items, twisted vintage into shab fab cottage home decor.

100 year old Antique Cottage Chic
Light Green Mason Jar Shabby Roses
Two Squatty Fat Pint Vintage Ball
Eclipse Bail Jars Romantic Roses
6 Very Primmy Hand Painted Vintage
Clothespins Cottage Chic Distressed Pink
Antique Kerr Angel Base Jelly Jars
Lilac Light Purple Lids Sparkly Roses
Click here to visit Sparki's Etsy store.

Tell her that Dakota Exchange sent you. ;-)

Click here to go to Sparki's Blog.

Affordable Gifts

With the global economic crisis putting finances in a squeeze, Etsy is a great way to maximize a budget. There is an endless variety of unique, quality handmade gifts at affordable prices. Besides being memorable, these gifts are also valuable. They're made to last a lifetime, not just until next year's version comes out. Which means less trash for landfills, and more savings for shoppers. Plus, each purchase on Etsy directly supports independent artists and designers.

About Etsy

Etsy is the online marketplace for buying and selling all things handmade. We connect consumers with independent creators and designers to find the very best in handmade goods, while providing these artists with the technology and information they need to start and grow their own businesses.

Etsy is a community that actively supports one another in the shared goal of offering alternatives to mass-produced objects. We work to highlight the true value of handmade goods and their creators and encourage awareness of the social and environmental implications of production and consumption.

We created Etsy to reconnect producer and consumer, and swing the pendulum back to a time when we bought our bread from the baker, food from the farmer, and shoes from the cobbler.


The Etsy Story

Etsy was conceived by Rob Kalin (28) in early 2005. A painter, carpenter, and photographer, Rob found there was no viable marketplace to exhibit and sell his creations online- other E-commerce sites having become too inundated with overstock electronics and broken appliances. Ever industrious, he, along with Chris Maguire (25) and Haim Schoppik (28), designed the site, wrote the code, assembled the servers, spliced the cables, and launched Etsy on June 18th, 2005 after only three sleepless months.

Quick View: Etsy Stats

Total Members: over 2.8 million
Total Sellers: over 250,000
Items Currently Listed: over 4 million
Total $ sold (Gross Merchandise Sales)
2005 = $166,000
2006 = $3.8 million
2007 = $26 million
2008 = $87.5 million
2009 = $84.4 million (through July)

Etsy Features -- Alchemy

Alchemy is a service through which Etsy users can request the creation of any handmade good that they can imagine.

For decades, philosophers, chemists, and theologians have hunched over bubbling beakers, smoldering cauldrons, and stinking vials only to struggle fruitlessly in their attempts to create something from nothing. Now, thanks to Etsy and a little bit of magic, they toil no more.

Here's how it works. Click the Alchemy link on any page of Etsy to begin. Then, create a request with a description of what you want made, a deadline, and your ideal price. Your post can also include pictures for reference. With nary the risk of lead poisoning, Etsy sellers will then place bids, showing you what they can do, for how much, and by when. As the alchemist who made the listing, you choose whose bid to accept, and then finalize the deal by agreeing to pay the specified price. When a bid is accepted, the seller pays Etsy a 3.5% fee on the promised price of the item. There are no fees for the person creating the Alchemy request. As work begins on your item, the seller can upload photos to keep you up-to-date on your creation.

Sometime around 42BC, Horace, who coincidently was not a successful alchemist himself, said, "What we seek is either here or nowhere." Surely, he had Etsy's Alchemy in mind.

Economy Sends E-sales Into Negative Territory

Overall online retail spending continues to slip in the second quarter, though some categories still post solid gains.

August 12, 2009
By Michelle Megna

E-commerce sales continue to suffer, with online retail spending pegged at $30.2 billion, down one percent compared to a year ago -- only the second quarter on record where e-commerce spending has been lower than the same quarter the previous year, according to comScore.

Click here to read the rest of the article.

Google Offers Testers a Sip of Caffeine

By Richard Adhikari
TechNewsWorld
Part of the ECT News Network
08/11/09 11:48 AM PT


Though it's already branched into numerous fields like email, photo sharing and online office apps, Google is now trying to pump additional strength into its core product -- its search engine. Its new search tech is code-named "Caffeine," and it's asking any and all testers to compare the results they get from the standard engine with those from the caffeinated one.

Click here to read the rest of the article.

Extreme E-tail: Sell the Product, Sell the Search, Sell the Space

By John Federman
E-Commerce Times
08/12/09 4:00 AM PT



The holidays are months away, but e-tailers should already be well under way in planning how to best take advantage of the November/December traffic surge. Now is the time to look at ways to drive your site's incremental revenue with tactics like adapting brick-and-mortar practices to the Web and monetizing your in-site search results page.

Click here to read the rest of the article. article.

Adult Cyber-Bullying, Cyber-Stalking, Cyber-Harassment, A Serious Issue Behind Internet Anonymity That Must Be Stopped

The internet can be a great place when it is used appropriately BUT as there is with most good things, there is a downside.

Many of us have seen what goes on in internet forums, blogs and sometimes through email. For the most part, the interaction is entertaining, fun

and sometimes educational BUT then there are times it is absolutely terrifying. That is the case as to what we witnessed yesterday.

On one of the forums we visit, we saw a member asking a generic question about some questionable activities that were going on behind the scenes of the forum in connection with site policies. No names were noted so there was no direct attacking of whoever else was involved. Most everyone that responded to the thread had no idea who the poster of the question was talking about.

There were 37 total posts in more than an hour on the entire thread before it became unavailable for further posting.

It took only until post 13 for another individual involved in the situation that the thread was about to not only attack the person who started the thread but they even defamed them! In the following 9 posts, 3 of the posts belonged to the attacker who continued on their rampage (as if the first post wasn't hurtful enough). These attacks were not posted for any other reason but to PUBLICLY degrade and defame the person who posted the question. It was unbelievable!

But what is even more horrifying is that the post still remains on a public forum. More than 11.5 hours have passed since the thread began (at the time of this post) yet the site administration allows the attacks and defaming statements to remain. (The site has knowledge of the thread and the attacks in it.)

What is really odd about this particular situation is that the site does have rules in place that state that this behavior is not appropriate. In most instances we have seen on this same site, this type of behavior (ususally with much less severe violations) has caused member suspensions and threads being removed from the forums.

Whether the site administration is unwilling to handle this situation properly because they do not realize the seriousness involved in the post or if they have formed some kind of favortism towards the offending member does not matter. The damage was done when the defaming posts were made and they are continuing to do damage as long as the thread remains. Then to add salt to an already open wound, the offending member did not receive a suspension which they so justly deserved.

UPDATE: After about 16.5 hours had lapsed, the defaming & degrading thread was finally removed from the public forum. Wonder how long it takes to ruin a persons reputation and that of their internet business? It is a shame that it was allowed to be posted so long.

While many will feel that the way this matter was handled is not fair, this goes far beyond fairness. This could cause a loss of business to the member who was victimized since the forum is connected to an eCommerce venue. Those who are investigating the site but have never joined or posted to the forums (lurkers - who may be potential buyers or sellers) will also see this and of course, you can bet your bottom dollar that they will tell everyone they know on the internet about what happened. Unlike this post, the lurkers will name the site and that may cause damage to anyone who sells on the site via a loss of income because the horror stories will keep potential buyers away.

What kind of person does such a thing on the internet? Well, there are many terms but usually they are called a cyber-bully while many forum regulars call them trolls.

We are not talking about children, as guaged by their age. These cyber-bullies or trolls are supposed to be adults (many are 35-50 years old and sometimes older). Many of the antics remind us of junior high kids that are bored out of their minds but unlike junior high, the problems that are caused can be devastating.

Cyber-bullying defined

The National Crime Prevention Council's definition of cyber-bullying is "when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person." StopCyberbullying.org, an expert organization dedicated to internet safety, security and privacy, defines cyberbullying as: "a situation when a child, tween or teen is repeatedly 'tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted' by another child, tween or teen using text messaging, email, instant messaging or any other type of digital technology." Other researchers use similar language to describe the phenomenon.

Cyber-bullying can be as simple as continuing to send e-mail to someone who has said they want no further contact with the sender, but it may also include threats, sexual remarks, pejorative labels (i.e., hate speech), ganging up on victims by making them the subject of ridicule in forums, and posting false statements as fact aimed at humiliation.

Cyber-bullies may disclose victims' personal data (e.g. real name, address, or workplace/schools) at websites or forums or may pose as the identity of a victim for the purpose of publishing material in their name that defames or ridicules them. Some cyberbullies may also send threatening and harassing emails and instant messages to the victims, while other post rumors or gossip and instigate others to dislike and gang up on the target.

Though the use of sexual remarks and threats are sometimes present in cyber-bullying, it is not the same as sexual harassment and does not necessarily involve sexual predators.

Cyber-bullying vs. Cyber-stalking

The practice of cyberbullying is not limited to children and, while the behavior is identified by the same definition in adults, the distinction in age groups is referred to as cyberstalking or cyberharassment when perpetrated by adults toward adults. Common tactics used by cyberstalkers are to vandalize a search engine or encyclopedia, to threaten a victim's earnings, employment, reputation, or safety.

A pattern of repeated such actions against a target by and between adults constitutes cyberstalking.

Source: Wikipedia

Characteristics of Adult Bully Targets

Adult bullies target their victims in many of the same way children who bully do. While many people think that bullying only occurs amongst children, it can also happen in the workplace among adults. No matter what the age of a bully, they are opportunistic and tend to prey on people they perceive as a threat or that they dislike because of differences. Adult bullies almost always bully others continuously and when one target leaves, quickly pick another. The following traits are common in adult bullying victims and usually make the bully feel insecure or threatened. Adult bullying can be more of a challenge to handle because it is harder to recognize and not as widely accepted as the bullying that occurs with children.

Adult bullies target people who are good at their job and excel beyond them. Bullies want to eliminate their competition and make their work seem better than it is. While bullying is not acceptable no matter the age of the person doing it, adults will still bully others if they see it as the only way to solve their problems. Adult bullies target people who put them in danger of looking bad in an attempt to sabotage their work.

Adult bullies target people who are popular and well liked as well, especially if they are not too popular them selves. The more well liked and competent a person is, the bigger the threat they are to an adult bully. If an adult bully is seeking attention, they will target people who receive the most attention and try to make them seem less valuable.

Adult bullies target people with differences from themselves, especially those who have high morals and integrity. Adult bullies usually have problems coping with their own problems and are desperately trying to find ways to make themselves look better by targeting other adults who they perceive will not fight back. Adult bullies seek out these people because they are less likely to retaliate against them. Adult bullies target people with vulnerabilities as well, such as inexperienced employees or older employees. If a new employee refuses to join an established clique or act a certain way, adult bullies target them. If new employees do not conform or have new and independent ideas, they also may be targeted.

Adult bullies target employees who have talents, strong friendships, or who are excelling at their jobs because of jealousy and inadequacy issues. Adult bullies feel as though they have to victimize others because they are envious of their talents. Even though it would be easier to just work harder at developing their own talents, adult bullies seek to damage other people instead of working harder themselves.

Employees who have strong relationships with others may be the target of an adult bully because the bully feels left out and is angry that they are excluded. Many adult bullies have had problems forming their own friendships their entire lives. Adult bullying is often overlooked and misunderstood in the workplace. While bullying among children is more common, adult bullying does take place.

Source Article

Cyberbullying does not just apply to children. There are adult groups dedicated to harassing and defaming others as well, along with websites created online specifically to make fun of and demean individuals. These people can be found in communities linked to blogs and chat rooms and they use the disguise of “anonymity” to harass their prey. Sometimes, these bullies will take their online squabbles offline and press people online to harass their prey's family and friends. As a bully myself, then a victim of large-scale bullying, let me tell you my story.

Author: Chelsea Itson Click here to read the entire article

Tons of great information can be found at BullyOnline:
http://www.bullyonline.org/workbully/serial.htm

How to handle these situations:




If you are a victim of such attacks, contact the site administration and give them an opportunity to rectify the situation. If the site does not remedy the situation or tries to redirect the blame to you, contact the authorites as you have been directed throughout this post.

We do hope that all sites will take these issues seriously and issue a zero tolerance policy against these internet crimes. That's right, they are internet crimes! As with all other crimes, the offender should not be allowed to roam the community freely. Just as important, this policy should be applied equally to ALL those who violate it.

Landstrom's Black Hills Gold & Miss Rodeo America

The perpetual crown worn each year by Miss Rodeo America is the property of Landstrom's Black Hills Gold Creations. A new crown was created in 2000 and was worn for the first time by Miss Rodeo America 2001. This tiara is a duplicate of the two previous crowns, the first of which, is now on display in the Professional Rodeo Cowboys Association Hall of Fame in Colorado Springs, Colorado.

The second tiara is now retired at Landstrom's headquarters in Rapid City, South Dakota. The crowns are made of Black Hills Gold, Alexandrites, Pearls and other precious stones and have been made available to the Miss Rodeo America Pageant each year since 1965.

In 2001, Landstrom's increased it's support to MRAI by providing financial assistance to pageant activities and presenting the reigning Miss Rodeo America a beautiful collection of Original Black Hills Gold Jewelry to compliment the tiara.

Maegan Ridley of Alta Loma, California, is Miss Rodeo America 2009

THE PAGENT - The annual Miss Rodeo America Pageant hosts beautiful and talented cowgirls from across the country. These hopefuls – having already spent a year as reigning queen for their representative states – converge for a weeklong competition in late November/early December to select one deserving young woman to reign as Miss Rodeo America for the coming year.

These energetic cowgirls are judged in the major categories of personality, appearance, horsemanship and rodeo knowledge & presentation, demonstrating her skills in public speaking, personal interviewing, horsemanship, knowledge of rodeo and general equine science, current event awareness, photogenic qualities, visual poise, and overall professionalism.

Click here to go to the Miss Rodeo America website.

About Landstrom's® Original Black Hills Gold Creations

1874 South Dakota Gold Rush
Horatio N. Ross, a scout for General George Armstrong Custer, discovered gold along French Creek in the central Black Hills.

1876
Inspiration for the Black Hills Gold grape and leaf designs in three colors of gold is credited to a prospector/goldsmith named Henri LeBeau. These designs probably began in the mining towns of California during its Gold Rush days in 1849 and worked their way through the mining camps in Nevada, Idaho, Montana and Colorado. Henri LeBeau brought these designs from Montana to South Dakota in 1876, when he opened up a shop in Central City.

Central City and Deadwood grew out of the Wild West era of prospectors, saloons and legendary figures like Wild Bill Hickok and Calamity Jane.

1878
Henri LeBeau trains S.T. Butler, who starts a jewelry manufacturing store and produced Black Hills Gold jewelry with his son, George M. Butler in Deadwood.

1900's
Clarence Thorpe, nephew of George - grandson to S.T. Butler, takes over business.

1919
Clarence Thrope sells his business to his brother, Frank Thorpe. Frank forms a partnership with Ed. "E.O." Lampinen under the name F.L. Thorpe Company. Frank and Ed dissolve their partnership and divide the original molds and dies between them. Frank continues F.L. Thorpe Co. Ed buys George Butler's tools and equipment and founds the Black Hills Jewelry Manufacturing Company.

1944
Ivan Landstrom buys Black Hills Jewelry Manufacturing Company from Lampinen and moves to Rapid City. Lampinen stays on staff to train employees in the traditional methods of creating Black Hills Gold Jewelry.

1981
Black Hills Gold jewelry features grape leaves, clusters and vines in tri-colored gold. By Federal mandate, this style of jewelry must be manufactured in the Black Hills of South Dakota in order to be described as "Black Hills Gold Jewelry".

1995
Landstrom's bought the F.L. Thorpe Company of Deadwood making Landstrom's the sole owner of all the original Black Hills Gold designs.

2006
Landstrom's passes on to Constance Landstrom Drew's daughter and son. Landstrom's continues to be dedicated to handcraftsmanship and to maintaining the highest standards in the Black Hills Gold industry.

PayPal Adds Fees On Personal Accounts

If you use your personal PayPal account for goods and services because you were not being charged fees, you may want to check your account and think again.

From an article in PCWorld by Jared Newman:

"But when money started rolling in last month, I noticed that a fraction of it (2.9 percent, plus 30 cents) wasn't making the jump from my employers' accounts to my own. In June, PayPal had started charging for payments classified as "Goods" or "Services," even if you have a personal account. It's possible to send money for free as a personal transfer, but this is only intended for friends and family."

To read the rest of the article: http://www.pcworld.com/article/169843/paypal_adds_fees_sneakily.html

You just have to question this comment from PayPal in the above article:

"We didn’t want to make a huge formal communication out of this pricing change, because we weren’t really adding any fees, and we were hoping it would be a more useful experience for people,” Charlotte Hill, PayPal’s PR manager said."

Since when has adding a fee to a service that was previously free - become "a more useful experience for people"? What people was Ms. Hill referring to? Certainly not PayPal users who are now paying fees.

When PayPal made the announcement that personal accounts could no longer be used for goods or services, part-time online sellers and other infrequent users were caught off guard. In many cases, they didn't even know about it. Those who do not use PayPal frequently also tend not to check PayPal's announcement board or blog.

It's too bad that PayPal didn't flag all personal accounts with a notice that reflected the costs of using the service after a certain date. This notice could have been front and center for the user to see upon log-in. There could have been a little agreement box for the user to click to acknowledge agreement with new policy before they could continue on the site. With the kind of techie staff PayPal employs, one would think this would have been easy for them to implement.

It is our opinion that it is time for the federal government to take a look at PayPal. With their antics such as the 21 day holds, counterfeit handbag heaven and etc..., they have become difficult to trust. If PayPal was regulated and had to operate under the same standards as banks, this kind of behavior would not be allowed.

How To Clean Your Black Hills Gold

The frosty finish on Black Hills Gold may pick up dirt and grime. Gem and jewelry cleaner works well on all Black Hills Gold jewelry. However, if you don't have any cleaner, thorough scrubbing with a soft brush and mild soap followed by warm water rinse and drying with a soft towel should keep the jewelry bright.

Pearls and opals should be cleaned using warm water and a soft cloth. Avoid using any detergents or excessive heat. Avoid using any detergent on bangles, lockets and hoops. To clean, use minimal warm water and a soft brush. Do not immerse. Common cosmetics and hand lotions contain substances that may darken the surface of the leaves. Frequent cleaning should prevent this.

As your Black Hills Gold jewelry ages, it will develop a unique patina and will become a cherished heirloom for generations.

189 F2d 46 Landstrom -V- Thorpe

189 F2d 46 Landstrom -V- Thorpe
189 F.2d 46
26 A.L.R.2d 1170, 89 U.S.P.Q. 291

LANDSTROM et al.
-V-
THORPE et al.

No. 14224.

United States Court of Appeals Eighth Circuit.

May 4, 1951.

Julius Skaug, Mobridge, S.D. (H. F. Fellows, Rapid City, S.D., and Pat Morrison, Mobridge, S.D., were with him on the brief) for appellants.

R. E. Driscoll, Jr., Rapid City, S.D., and Holton Davenport, Sioux Falls, S.D., for appellees.

Before GARDNER, Chief Judge, and THOMAS and RIDDICK, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the defendants from a judgment for the plaintiffs entered upon the verdict of a jury for $15,000 actual damage and $10,000 exemplary damage. The complaint was in one count. Damages were demanded for wrongful registration of the trade-mark 'Black Hills Gold', and for unfair competition. Defendants' motion for a directed verdict was overruled.

The plaintiffs are doing business as a partnership under the firm name of F. L. Thorpe & Co. The defendants are also a partnership under the name Black Hills Jewelry Co. All the parties were and are citizens of the state of South Dakota.

For several years prior to this litigation and until the present time the parties hereto and others in the Black hills region of South Dakota have manufactured and sold in interstate commerce and locally jewelry made of gold produced in the Black Hills and elsewhere under trade names such as Black Hills Gold, Black Hills Native Gold, Black Hills Jewelry, Black Hills Gold Jewelry, and others.

On March 4, 1947, the defendant Ivan E. Landstrom procured the registration of the trade-mark 'Black Hills Gold', having on February 13, 1946, executed and filed in the Department of Commerce, United States Patent Office, a 'Declaration' reading:

'Ivan E. Landstrom, being duly sworn, deposes and says that he is the applicant named in the foregoing statement; that he believes said statement is true; that he believes himself to be the owner of the trade-mark sought to be registered; that no other person, firm, corporation, or association, to the best of his knowledge and belief, has the right to use said trade-mark in the United States, either in the identical form or in any such near resemblance thereto as might be calculated to deceive; that said trade-mark is used by him in commerce among the several states of the United States: * * * .'

On September 9, 1947, defendants sent a letter to 438 of their customers, 109 of whom were also customers of the plaintiffs, reading in essential part:

'Gentlemen:

'It is with a great deal of pleasure that we inform you at this time that the name 'Black Hills Gold' is now a registered trade mark bearing number 428039 in the United States Patent Office.

'From now on every piece of jewelry manufactured by our firm will bear the trade-mark 'Black Hills Gold' and will be easily identifiable by you. * * * Although there are several firms making merchandise similar to ours, we are the only rightful users of the name 'Black Hills Gold', and any other dealer marking his product with this trade-mark will be punishable according to law.'

Thereafter, in October, 1947, the plaintiffs made application for the cancellation of the registration of the trade-mark on the ground that plaintiffs had used the trade-mark in their business since 1919; that plaintiffs had used it in interstate commerce since 1932; that their business had been affected by defendants' use of the trade-mark. The Commissioner of Patents ordered the cancellation of the registration on April 4, 1949, on the ground that the Declaration, supra, filed by Ivan E. Landstrom was false and fraudulent. This suit followed.

Jurisdiction is predicated upon 15 U.S.C.A. §§ 1120-1121, and 28 U.S.C.A. § 1338(b).

In their amended complaint the plaintiffs, after setting out in detail the foregoing facts, alleged that such facts were all a part of a wrongful scheme by fraudulent methods to disrupt the business of the plaintiffs and thereby wrongfully to acquire their business; that the first step in such scheme was the wrongful and fraudulent securing of the registration of the trade-mark 'Black Hills Gold' in the Patent Office; that the second step was the extensive advertising campaign of the defendants including the letter of September 9, 1947, supra; and that the third step consisted of the circulation throughout the jewelry trade of propaganda similar to the letter of September 9th.

Damages were demanded (1) in the sum of $5,000 for expenses incurred in procuring the cancellation of the registration of defendants' trade-mark in the United States Patent Office; (2) $100,000 for injury to the plaintiffs' business and reputation in the jewelry business and the burden of their effort to counteract defendants' wrongful propaganda; and (3) for $50,000 exemplary damages.

The defendants admitted that they constituted a partnership doing business under the name Black Hills Jewelry Mfg. Co.; alleged that the complaint fails to state a claim upon which relief can be granted; and denied all other allegations of the complaint.

On appeal the defendants contend (1) that the court did not have jurisdiction, (2) that the court erred in certain instructions to the jury, (3) in the admission of evidence, (4) in denying defendants' motion to strike plaintiffs' claim for attorney fees, and (5) in denying defendants' motions for a directed verdict.

This is a non-diversity case, and the defendants contend that the district court did not have jurisdiction in such a case 'because the complaint alleges upon two separate unrelated claims, (1) for damages for wrongful registration of a trade-mark based upon 15 U.S.C.A. § 1120, and (2) a claim for damages for unfair competition based upon disparagement of title, a common law tort not actionable under federal law * * * ' except in diversity cases.

The statutes involved are:

15 U.S.C.A. § 1120: 'Any person who shall procure registration in the Patent Office of a mark by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages sustained in consequence thereof.'

15 U.S.C.A § 1121: 'The district and territorial courts of the United States shall have original jurisdiction, the circuit courts of appeal of the United States and the United States Court of Appeals for the District of Columbia shall have appellate jurisdiction, of all actions arising under this chapter, without regard to the amount in controversy or to diversity or lack of diversity of the citizenship of the parties.'

28 U.S.C.A. § 1338(b): 'The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent or trade-mark laws.'

Defendants concede that the complaint sets out a cause of action for damages 'sustained in consequence' of the wrongful registration of the trade-mark 'Black Hills Gold' under § 1120, supra, and that the proof is substantially as alleged in so far as such proof may affect jurisdiction, but that the claims for damages to plaintiffs' business and reputation and for exemplary damages constitute a claim for unfair competition wholly unrelated to the claim for wrongful registration; in short, that such alleged damages were not 'sustained in consequence' of the wrongful registration, but that the proof is directed to the effect of the letter of September 9, 1947, sent by the defendants to their customers including 109 of plaintiffs' customers.

The merit of this contention depends upon the proper construction and application of §§ 1120 and 1338(b), supra.

We think that § 1120 means that any person who procures registration of a trade-mark by a false declaration is liable in a civil action in the federal court to any person injured by the trade-mark 'for any damages sustained in consequence thereof', that is, resulting from the use of the 'mark' while falsely registered, and not an injury resulting from the false declaration solely. Webster's New International Dictionary defines 'consequence' as 'That which follows something on which it depends; * * * Chain of cause and effects; * * * relation of an effect to a cause.' In 15 C.J.S., Consequence,page 982, it is said: 'When an event is followed in natural sequence by a result which it is adapted to produce, or aid in producing, That result is a consequence of the event.' See, also, Orient Mutual Ins. Co. v. Adams, 123 U.S. 67, 74, 8 S.Ct. 68, 31 L.Ed. 63; Zalkind v. Scheinman, 2 Cir., 139 F.2d 895; Kaplan v. Helenhart Novelty Corporation, 2 Cir., 182 F.2d 311, 312. The false declaration induced a fraudulent registration and the defendants were liable in a civil action for any damages resulting therefrom.

The claim for damages for unfair competition could be asserted in the same action, however, under Sec. 1338(b), supra, provided it were 'joined with a substantial and related claim under the * * * trade-mark laws.' This is true because the claim for damages for unfair competition is a common law cause of action and not a federal cause. For such a claim to be 'related' to a case arising under the trade-mark law within the meaning of the statute 'it must appear that both federal and non-federal causes (of action) rest upon substantially identical facts.' French Renovating Co. v. Ray Renovating Co., 6 Cir., 170 F.2d 945, 947; Hurn v. Oursler, 289 U.S. 238, 248, 53 S.Ct. 586, 77 L.Ed. 1148; Armstrong Paint & Varnish Works v. Nu-Enamel Corp., 305 U.S. 315, 325, 59 S.Ct. 191, 83 L.Ed. 195; Kaplan v. Helenhart Novelty Corporation, 2 Cir., 182 F.2d 311; Hanson v. Triangle Publications, Inc., 8 Cir., 163 F.2d 74, certiorari denied, 332 U.S. 855, 68 S.Ct. 387, 92 L.Ed. 424.

Damages resulting from the wrongful registration of the trade-mark and for unfair competition must necessarily be proven by the same evidence. It follows that the district court had jurisdiction of both claims.

The defendants next complain that the court erred in instructing the jury that if the jury found that the letter of September 9, 1947, which defendants sent out to jewelry dealers was intended to create the impression that the plaintiffs were illegally using a trade name which included the words 'Black Hills Gold', and that the letter was such as to create that impression upon a reasonable mind, it would follow that this was defamation having a direct tendency to injure plaintiffs in 'their business'; in short, that the letter was defamatory and actionable per se and that damages in a reasonable amount to be determined by the jury is presumed in law. The defendants excepted to the instruction.

The sending of the letter was an element of unfair competition charged in the complaint. It declared that the name Black Hills Gold was then a registered trade-mark; that defendants 'are the only rightful users of the name'; and that 'any other dealer marking his product with this trade-mark will be punishable according to law.' At that time the trade-mark had not been cancelled although it was cancelled later because its registration had been procured by a false declaration. No dealers in jewelry were named in the letter. However, the defendants knew that the plaintiffs were competitors. Nothing was said derogatory of the quality of any competitor's products.

Defendants contend that the letter is neither defamatory nor libelous; that it did contain what was formerly known as slander of title but is now usually called disparagement of title. Slander of title has been defined as 'a false and malicious statement, oral or written, made in disparagement of a person's title to real or personal property, or some property right of his.' American and English Encyclopedia of Law. See, also, 3 Restatement, Torts, ch. 28, §§ 626 to 652, where it is said: 'The damages recoverable are restricted to the financial loss which but for the disparaging statements would have been made to known or unknown purchasers.' In Hardin Oil Co. v. Spencer, 205 Ky. 842, 266 S.W. 654, 655, the court say: ' * * * an action (for slander of title) is not one for words spoken, but * * * for special damages for the losses sustained by reason of the speaking and publication of the slander of a plaintiff's title.' See, also, Fearon v. Fodera, 169 Cal. 370, 148 P. 200, 202, Ann. Cas. 1916D, 312; Eversharp, Inc. v. Pa. Blade Co., 2 Cir., 182 F.2d 779; Victor Safe & Lock Co. v. Deright, 8 Cir., 147 F. 211.

We have said above that the letter in question does not in any way disparage the quality of the jewelry manufactured and sold by the plaintiffs. It is not therefore libelous or defamatory per se. Extrinsic proof is necessary to establish injury. In Eric Bowman Remedy Co. v. Jenen Salsbery Laboratories, 8 Cir., 17 F.2d 255, 257, this court, citing many authorities, said: ' * * * words which upon their face, and without the aid of extrinsic proof, are injurious, are libelous per se; but if the injurious character of the words appear, not from their face, in their usual and natural signification, but only in consequence of extrinsic circumstances, they are not libelous per se.' This language was repeated with approval in National Refining Co. v. Benzo Gas Motor Fuel Co., 8 Cir., 20 F.2d 763, 771.

The foregoing cases, and many others, also hold that 'Language which * * * does not, as a necessary consequence, occasion damage to the party published, is not per se libelous, and in such cases a right of action exists only when, as a necessary and proximate consequence of the publication, special damage ensued to the party published.' Townshend, Slander and Libel (4th Ed.) Sec. 147. In this case special damages were neither pleaded nor proved. Under these authorities, and many others, the instruction given by the court was erroneous.

It is plaintiff's contention on this point that the case is controlled by the law of South Dakota under the doctrine of Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188; and that under Sec. 47.0502 of the South Dakota Code of 1939, and the decisions of the Supreme Court of South Dakota in Barron v. Smith, 19 S.D. 50, 101 N.W. 1105; Sherin v. Eastwood, 27 S.D. 312, 131 N.W. 287, and others, it is unnecessary to plead and prove damage in such a case, that 'damage is presumed.' This doctrine is not applicable here. Jurisdiction of the federal court is dependent solely on federal law- the Trade-Mark Act, and not upon diversity of citizenship of the parties. As said in Philco Corporation v. Phillips Mfg. Co., 7 Cir., 133 F.2d 663, 673, 148 A.L.R. 125, an action for trade-mark infringement: 'It goes without saying that plaintiff has no action for common law trade-mark infringement under State Law. Registration of plaintiff's trade-mark rendered all questions concerning its use and protection in interstate commerce questions of federal law, and federal law is supreme.' And, see the concurring opinion of Mr. Justice Jackson in D'Oench, Duhme & Co., Inc., v. Federal Deposit Insurance Corporation, 315 U.S. 447, 465, et seq., 62 S.Ct. 676, 86 L.Ed. 956; Sola Electric Co. v. Jefferson Electric Co., 317 U.S. 173, 63 S.Ct. 172, 87 L.Ed. 165; Watkins v. Oaklawn Jockey Club, 8 Cir., 183 F.2d 440.

It is next contended that the court erred in instructing the jury that plaintiffs were entitled to exemplary damages. The instruction complained of reads:

'In addition to other damages asserted, the plaintiffs also in this case ask exemplary damages in the amount of Fifty Thousand Dollars. Exemplary damages would be allowed, as applied to this case, only if you find that the defendants acted in the matters here involved with malice toward the plaintiffs. If you find there was such malice and that the plaintiffs are entitled to recover, you may, in addition to other damages, award to the plaintiffs such additional amount that you consider reasonable and fair, and which would serve as an example to others but in no event, exceeding the sum of Fifty Thousand Dollars.'

The plaintiffs' contention is that this instruction is correct because it is authorized by South Dakota law. The instruction is consistent with § 37.1902 of the South Dakota Code of 1939. We have shown, supra, that since this is not a diversity case the rights of the parties are controlled by federal and not by state law. If, therefore, exemplary damages are recoverable in this case it must be because they were 'sustained in consequence' of the wrongful registration in the Patent Office of the trade-mark 'Black Hills Gold.' We have discussed the meaning of the word 'consequence' as used in the statute, § 1120, supra. Exemplary damages are not included. Exemplary damages are not the direct and proximate result or effect of such wrongful registration. This statute differs materially from the statute, 15 U.S.C.A. § 1117, which provides for recovery of triple damages within the discretion of the court for infringement of a registered trade-mark. The statute under which this action was brought limits recovery from the wrongdoer to damages 'sustained in consequence' of the wrongful registration of the trade-mark. It does not authorize a court or jury to punish him as an example to others. The court, therefore, erred in so instructing the jury.

The defendants contend further that the court erred in admitting evidence of what customers and prospective customers of plaintiffs told plaintiffs' salesmen regarding the effect upon such customers of the letter of September 9, 1947, supra. Clyde J. Bleavins, a traveling salesman of the plaintiffs soliciting orders for plaintiffs' jewelry, was called as a witness. He testified that in 1948 he called on 41 customers from whom he had taken orders the preceding year. He was then asked:

'Q. From how many of those on whom you called did you get a mention of this letter?

'Mr. Morrison: This is objected to as hearsay * * * immaterial * * *

'The Court: The objection is overruled.

'A. At least fifty per cent of them, I would say.'

Further questions elicited the information that he received ten reorders on that second trip. The court overruled objections holding that the evidence had no probative value.

Bleavins testified further that he called on the manager of the Fairmont Jewelers in San Francisco and that he mentioned the letter. Subject to the same objection he was asked and answered:

'Q. What did he say? A. Well, when I came into his store * * * He said I am surprised to see you. Landstrom's salesman told me that you people would no longer be in business.'

Mr. Morrison moved to strike the answer on the ground that it was not within the issues.

'The Court: * * * The question is competent; he is relating a conversation. Objection overruled.

'Q. Go ahead. A. And he said we have received a letter or a circular from the Landstrom company. My understanding is that you people are not authorized * * * to use the name 'Black Hills Gold."

Other salesmen for the plaintiffs testified to their experiences when they called upon customers; that customers mentioned that they had received and read the letter; that in some instances no orders were received and that there was sales resistance from the dealers.

One of the important issues in this case was the circulation of the letter in question and its effect upon plaintiffs' customers. It was proper to show by plaintiff's salesmen that they learned from customers upon whom they called that such customers had received or had seen copies of the letter and that they refused to renew their orders, and they they met with sales resistance from those who had read the letter. Conversations not limited strictly to the issue were hearsay and should not be received in evidence over proper objections. Hubbard v. Allyn, 200 Mass. 166, 86 N.E. 356. The limitations to the admission of this class of evidence must rest largely in the sound discretion of the trial judge. He should carefully limit it, however, to the issues on trial. Salem News Pub. Co. v. Caliga, 1 Cir., 144 F. 965; United States v. Hiss, 2 Cir., 185 F.2d 822. The impression made on the minds of third persons, not jewelry dealers, is of course incompetent.

We find no reversible error on this point.

The plaintiffs' evidence showed that they expended the sum of $4,434.82 in the proceeding to cancel defendants' trade-mark in the Patent Office. The court instructed the jury that 'If * * * you find that the registration proceeding was maliciously prosecuted by the defendants, then the plaintiffs * * * would be entitled to recover all expenses which they reasonably incurred, including attorney's fees, in having such registration set aside, * * * .' The defendants had moved to strike such claim from the complaint, had objected to the evidence to support it, and had moved to eliminate it from the consideration of the jury. Denial of all these objections is assigned as error.

The proceeding brought by the plaintiffs in the Patent Office was based on the same wrongful act, that is, the false declaration filed in the Patent Office, upon which this suit for damages is based. The defendants invoke the rules (1) that costs and attorney's fees allowable as damages are statutory, that unless the statute so provides they may not be recovered as damages, and (2) that when an action based on the same wrongful act has been prosecuted by the plaintiffs to a successful issue, they cannot in a subsequent action recover, as damages, their costs and expenses in the former action. Both these contentions are supported by the decision of the Supreme Court of Illinois in Ritter v. Ritter, 381 Ill. 549, 46 N.E.2d 41. And See 25 C.J.S.,Damages, 50. The plaintiffs justify the instructions and rulings of the court on the ground that the proceeding in the Patent Office to procure the registration of the trade-mark was an instance of malicious prosecution, and that in such a situation under the law of South Dakota the successful defendant in such a case may recover his attorney fees.

The answer to these contentions must be found in the construction and application of 15 U.S.C.A. § 1120. Were the attorney fees and expenses of the plaintiffs incurred in the proceeding instituted by it in the Patent Office 'damages sustained in consequence' of the wrongful registration of the trade-mark? We think not. The proceeding to cancel the registration was not commenced by the defendants, and it was not an essential condition precedent to the present action of the plaintiffs for damages for the wrongful registration. As an element of damages in the present case it was remote- not the direct and proximate result of the wrongful registration. It was not, therefore, a proper element of damages, and the court erred in submitting it to the jury. No statute provides for the payment of such expenses. Toop v. Palmer, 108 Neb. 850, 189 N.W. 394, 397. There is no federal statute authorizing a recovery for the expenses so incurred. Stickney v. Goward, 161 Minn. 457, 201 N.W. 630, 39 A.L.R. 1216.

Finally the defendants contend that the court erred in overruling their motion for a directed verdict. We have considered above some of the points covered by the motion. In brief, the motion alleges: 1. There are no special damages alleged in the complaint upon which recovery could be had; 2. There is no competent evidence and nothing except speculation and conjecture from which the jury could establish any damage alleged in the complaint; 3. Any cause of action for damages by reason of the circulation of the letter of September 9, 1947, is not a damage in consequence of a false and fraudulent registration under a statute; 4. The evidence shows only a decrease in sales; 5. The loss of business is no measure of damage and has not been proven except through conjecture, guesswork and speculation- no evidence upon which the jury could consider the existence or amount of damages.

The complaint alleged that as the proximate result of defendants' wrongful registration of the trade-mark and the acts of unfair competition consisting of propaganda and the circulation of the letter of September 9, 1947, among plaintiffs' customers the plaintiffs have been damaged as follows: ' * * * Second, in injury to the said business of the Plaintiffs in said sale of jewelry under said trade name or trade names made chiefly of the words 'Black Hills Gold'; in injury to the reputation and standing of the Plaintiffs in the jewelry and allied trades as a reputable business house pursuing legitimate and ethical business methods, and in the burden of extensive efforts on the part of the plaintiffs, their servants and agents to counteract and meet said wrongful propaganda * * * ' all 'in the sum of One Hundred Thousand Dollars ($100,000.00).'

In passing upon the motion for a directed verdict the district court was required to view the evidence and all inferences reasonably to be drawn therefrom in the light most favorable to the plaintiff. Brinegar v. Green, 8 Cir., 117 F.2d 316, 319.

To prove damages Mr. Morris F. Anderson, a certified public accountant, testified that under the direction of plaintiffs' attorneys he had examined plaintiffs' books and records for the years 1946, 1947, 1948, and 1949, and that he had made an analysis of them. His exhibit 41, an analysis of the sales during those years to the 109 customers of plaintiffs to whom the defendants had sent the letter of September 9, 1947, is set out in the footnote. -1-

Exhibit 42, also prepared by Mr. Anderson, is a comparative table of sales (wholesale) for the years 1946-1949 to the circularized and uncircularized customers of the plaintiffs. -2-

The 109 customers of plaintiffs receiving the letters are referred to as the circularized customers; 208 names were on the uncircularized list, some of whom may have become customers after the date on which the letter was sent out. There is no explanation of the difference in total sales to the circularized customers for the years covered as shown on Exhibits 41 and 42.

The witness Anderson further testified: 'I have made a computation of the net profit (for the years 1947, 1948, and 1949), as near as I can determine it, in the wholesale sales. The percentage of the sales that represent profits is approximately 30 per cent.'

The only direct evidence of loss of sales to any particular customers is in the testimony of Charles W. Waters, general manager of the plaintiffs. He was asked and answered as follows: 'Q. Now can you give the name or address of a single customer whom you lost sales to by reason of Landstrom's registration of the trade-mark and by reason of the letter which he circularized? A. It was reported to me by our salesman, Mr. Nordahl, over in Breckenridge, Minnesota, and Kuschler's, in Stockton, California. * * * That was reported to me, yes.'

We have found, supra, that since the letter of September 9, 1947, sent to 109 of plaintiffs' customers and to other jewelry dealers in its trade territory was not defamatory per se, therefore, damages are not presumed. Special damages only may be recovered in an action for unfair competition. In Erick Bowman, Remedy Co. v. Jensen Salsbery Laboratories, supra, 17 F.2d at page 259, this court said: 'Where the words are not actionable per se, but become so by reason of some special damage occasioned by them, such special damage must be particularly averred.' See, also, Burlington Trans. Co. v. Josephson, 8 Cir., 153 F.2d 372; Rule 9(g), Federal Rules of Civil Procedure, 28 U.S.C.A. And the court quoted with approval the rule laid down in Odgers on Libel and Slander (5th Ed.) page 383, as follows:

'Special damage must always be explicitly claimed and particulars given on the pleadings. It must be alleged with certainty and precision. If the plaintiff relies on the loss of particular customers, he must set out their names in the statement of claim. If he relies on a diminution in the profits of his business, he must state on his pleading the fact that he has lost profits, showing by figures how much he alleges he has lost.'

This court then pointed out that the foregoing rule is relaxed when the individuals may be supposed to be unknown to the plaintiff, or where it is impossible to specify them, or where they are so numerous as to excuse specific description on the score of inconvenience (citing authorities). The court then concluded:

'In the case at bar, the allegations of damage were clearly insufficient to admit proof and sustain a recovery for the loss of particular customers. The complaint did not allege the name of any particular person who withdrew or withheld his custom. They were likewise insufficient to admit proof and sustain a recovery for a general loss of business. The complaint did not allege a state of facts showing that it was impossible for plaintiff to allege and prove the loss of particular customers, it did not allege facts showing a general loss of business, and it did not allege facts showing that such diminution of profits was the direct and natural result of the publication. We therefore conclude that there was no sufficient allegation of special damages.'

The foregoing is applicable to the present case. The plaintiff's relied upon the contention that the letter of September 9, 1947, was and is defamatory per se, and that general damages are presumed.

We are not disposed to overrule the decision in Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, supra. It follows that the judgment in this case must be reversed. We think, however, that if the plaintiffs so elect they should be permitted to amend their complaint and be given an opportunity in a new trial to prove special damages.

Reversed and remanded with directions to vacate the judgment appealed from; and the court is revested with jurisdiction and, to the end that justice may be done, is instructed to grant the plaintiffs a new trial, provided they elect within fifteen days to amend their complaint and to proceed in accordance with the law as laid down in this opinion. In case plaintiffs do not so elect the complaint will be dismissed with costs to the plaintiffs.
______

-1- Exhibit 41.Table of Sales (Wholesale) 1946-1949

Circularized Customers

Year__Total Sales__Decrease from 1946__Percentage
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of Decrease
1946 . . . $88,815.54
1947 . . . . 63,254.39 . . . . . . . . $25,561.15 . . . . . . . . . .28.78%
1948 . . . . 48,179.87 . . . . . . . . . .40,635.67 . . . . . . . . . 45.75%
1949 . . . . 30,889.92 . . . . . . . . . .57,925.62 . . . . . . . . . 65.22%

-2- Exhibit 42.

Uncircularized Customers

Year__Total Sales__Increase over 1946__Percentage of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .such Increase
1946 . . . $87,285.95
1947 . . . . 123,836.63 . . . . . . . . . $36,550.88 . . . . . . . . . .41.88%
1948 . . . . 127,200.17 . . . . . . . . . . 39,914.42 . . . . . . . . . .45.74%
1949 . . . . .85,139.22 . . . . . . . 2,146.63 (decrease) . . 2.46% (decrease)

Circularized Customers

Year__Total Sales__Decrease from 1946__Percentage of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . such Decrease
1946 . . . $88,815.54
1947 . . . . 66,997.38 . . . . . . . . . . .$21,818.16 . . . . . . . . . .23.89%
1948 . . . . 62,829.61 . . . . . . . . . . . .25,985.93 . . . . . . . . . .29.65%
1949 . . . . 39,175.24 . . . . . . . . . . . .49,640.30 . . . . . . . . . .55.89%

189 F.2d.

Our Products Are USA Made, An Important Factor!

All of our Black Hills Gold jewelry and our Shady Brady hats are made in the USA.

This is very important to all US citizens considering the current economy.

We have been watching US taxpayer money being paid out on the "Cash for Clunkers" program and are totally shocked.

With the recent problems in the US auto industry, you would think our government would have made it mandatory for those cashing in on this program to buy their cars from American manufacturers. While it is true that many components in newer cars are made overseas, the cars are built in the US which creates jobs for Americans.

Watching these people cash in and drive away with Hondas, Toyotas and other foreign models just doesn't seem right. Those same buyers should have been purchasing from Ford, GM and the other US manufacturers, especially since it is US taxpayer money funding this program.

Americans need to help themselves by buying products made in the USA. In doing so, they will not only help themselves but they will also help all of us suffering through the recent "downturn" in the economy. We need to buy American products to create jobs that will continue to feed our economy and our families as well.

While the prices may be lower for imports, think about the sweat shops you may be supporting. Also, the quality of the items will never compare to the wonderful products we can purchase right here at home.

Here is a site that has a built in search engine to help us find American made products: http://www.madeinusa.org/nav.cgi?info/whybuy. It also contains great arguments for buying American products.

Please do your part to build a better America and buy USA Made products!

Black Hills Gold Trademarks - Hallmarks

Black Hills Gold Jewelry is made by quite a few companies. Each company has it's own trademark or hallmark which is placed on each piece of jewelry they create. It is usually located on the inside of ring shanks and on backsides of other pieces. Below is a list of trademarks / hallmarks to help in identifying your Black Hills Gold jewelry. Every company is or was located in the Black Hills of South Dakota as is required by Federal Mandate.

Each piece of Black Hills Gold is stamped with a hallmark of gold karatage or if it is gold on silver, with a sterling silver hallmark. Most Black Hills Gold pieces (gold on gold) are 10K gold. Landstrom's, Stamper's, Mt. Rushmore Gold and South Dakota Gold Company do have some 14K lines. Landstrom's usually creates their items in yellow gold but they will also create them in white gold. The leaves on Black Hills Gold are 12K pink (rose) and green gold.

We are not artists so please bear with us as we try to illustrate, through hand drawings, the various trademarks used by each company that creates Black Hills Gold.







Landstrom's Original Black Hills Gold Creations
The first two trademarks were purchased by Landstrom's when they bought out F.L. Thorpe. The next trademark ocurred when Ivan Landstrom purchased the Black Hills Gold Jewelry company. The BHGJ trademark was was short for Black Hills Gold Jewelry company. The last trademark, the "L", is the current trademark used by Landstrom's. Landstrom's owns all of these trademarks and all of the designs that were created by the previous owners. They represent all of the original Black Hills Gold companies and that is why Landstrom's called Landstrom's Original Black Hills Gold Creations.


This trademark represents Black Hills Gold Jewelry by Coleman. Coleman is a relative newcomer to the business and was founded in 1977. They are noted for creating some of the most contemporary Black Hills Gold designs.


Stamper's Black Hills Gold Jewelry
Stamper was founded in 1959. Ed and Amy Stamper purchased the company in 1959 from Clara Arnold. At the age of 16, Clara began creating Black Hills Gold jewelry for a business owned by the Butler family in Deadwood SD.


South Dakota Gold Company, currently known as Dakota West Designs and founded in 1982, uses these trademarks.



Riddle’s Jewelry, Inc., operates as a jewerly retailing and manufacturing company. It manufactures and markets Mount Rushmore Black Hills Gold, which is only manufactured in the Black Hills of South Dakota. The company was founded in 1959. They use either one of these trademarks.


Another relative newcomer to the scene is Gold Diggers Black Hills Gold and this is their trademark.




Dakota Designs Black Hills Gold Jewelry, established in 2001, is stamped with their double D trademark. We aren't sure but we believe this company is no longer in business.



Dakota Gold also manufactured Black Hills gold. This is their trademark. We aren't sure but we believe this company is no longer in business.



Below you will find the trademarks and names of Black Hills Gold Companies we know are no longer in business.

Gold Creek Black Hills Gold (Wades)





Gold Dust





Golden Crest





Heirloom Rings





Leaves Of Gold





Mercy Manufacturing





Rushmore Gold




We don't have a trademark graphic but Black Hills Silver & Gold is also no longer in business.

Landstrom's Black Hills Gold - Clink & Clunk Test

Landstrom's Original Black Hills Gold Creatrions

Offers FREE factory tours.

Come see and feel the difference!

Landstrom's is the oldest Black Hills Gold manufacturing company and is the only true heir to the original Black Hills Gold designs, tools, and manufacturing methods made over 100 years ago. They celebrated 130 years in the business last spring.

The distinctive grape and leaf design in three colors of gold make Black Hills Gold a unique American art form. In an age of robotic manufacturing, each piece of Landstrom's Black Hills Gold continues to be handcrafted by highly skilled and talented artisans.

See the original Black Hills Gold manufacturing process up-close and watch the intricate details that go into each piece of Landstrom's Black Hills Gold.

Landstrom's factory tours are available Monday through Friday at 10:00 AM and at 1:00 PM.
Tours last approximately half an hour to 45 minutes.
Landstrom's factory is handicap accessible and has ample parking space.
Ladstrom's is located at 405 Canal Street in Rapid City, South Dakota.
From Interstate 90 take Exit 57. At the first stop light turn right and travel three blocks to Canal Street.
Landstrom's phone number is 800-343-0157.

The Clink & Clunk Test After The Tour
What We Have Learned

Landstom's demonstrates the high quality of their jewelry with a clink & clunk test. Inside of their retail store there is a case with Black Hills Gold rings, lined up from left to right made by the main Black Hills Gold jewelry manufacturers: Landstrom's, Stampers, South Dakota Gold Company, Rushmore Gold and Black Hills Gold Jewelry By Coleman.

All of the jewelry seems very similar until you see the products up close where the true quality of each piece shows. The other brands of Black Hills Gold do not have the same high detailing as Landstrom's.

Landstrom's ring was obviously far heavier than the other brands. There didn't seem to be as much gold in the rings manufactured by the other companies. You could feel the difference when holding the Landstrom's ring and you could see it (thickness). Each ring was tagged with a card indicating the gold weight, measured in pennyweight (1 pennyweight = 1/20th of a troy ounce).

Landstroms -- 4.32, Stampers -- 2.60, South Dakota Gold Co. -- 2.90, Rushmore Gold -- 2.75, Black Hills Gold Jewelry By Coleman -- 2.31

The Landstrom’s ring contained more than 48% more gold than the next heaviest piece. The Landstrom's ring was priced higher than the others but the price by gold weight is less.

Finally, the clink & clunk test. This is where you drop each ring onto the counter. It was easy to here the solid clunk of the Landstrom's ring when it hit the counter. The other brands clinked, dinged and pinged when they hit the counter. They even bounced and flipped around a bit because they were not made as solid.

It's obvious to us why so many of our customers prefer and ask for Landstrom's products.

We hope you will stop by the Landstrom's factory to take the tour and see what you think when you do the clink and clunk test. We are sure you will be impressed.