My Etsy Shop has been copied! Help!

[SuzyK]

So I am browsing Etsy and I see a picture that I think is mine in another shop. So, I go to it and I see that this shop has totally copied my labels, my announcement and other things.

Her shop name is even similar to mine.

I am just beside myself. I am wondering if this is a customer of mine or something.

This makes me feel like I can't share my work but really, they can go to my Etsy shop and see what I do.

Here's the one that caught my eye. I am so sad as it took me many many hours to design my labels and get them just so.

Here's MINE https://www.etsy.com/listing/159837838/hot-buttered-popcorn-lip-balm-natural?ref=shop_home_active

and Here's HERS https://www.etsy.com/listing/165674700/hot-buttered-popcorn-lip-balm-natural?ref=shop_home_active

What should I do?

[kforbs126]

I believe this person of "southern scent shop" posted here recently. I would contact etsy.

[nkennedy023]

I'm the idiot. I'm so sorry Suzy! I promise I will fix it.

[nkennedy023]

I've taken all of the lip balms off, look over and see what else I need to fix please? I'm so sorry again Suzy!

[justajesuschick]

My response no longer helpful so removed.

Edited October 16, 2013 by justajesuschick

[SuzyK]

Thanks for taking them down. The shop announcement is still almost exactly like mine.

you can't just copy someone's design and their wordings. It doesn't happen by accident. I work my butt off to design those labels and get everything up in my shop. so to have someone order from me and then copy what I do is extremely irritating and ILLEGAL.

This is my only income. I am a single mom, who gets no child support from my ex because he is in jail.

Thanks for taking the items down.

[nkennedy023]

You don't owe me a Thank You. I owe you a Very Huge I'm So Sorry!!! I will fix the wording. Your shop is wonderful, and I'm so sorry I upset you, which you have every right to be. I will fix it, promise. I'm so sorry Suzy.

[doglvr]

What you did was wrong and perhaps illegal if someone wanted to fight you in a court of law, but I do have to give you Kudos for coming on this forum and owning up to it. It would be so much easier to just slink away to never be heard of again. You will find someday - I hope - that some of the greatest joys in life come from your own creations no matter how long they take or how hard you work. Then you don't have to listen to that little whisper in your head (and yes, we all have that little whisper) telling you, "but this isn't right.... " It's always easier to take the quick route, but not always right. Have confidence in yourself that YOU have the talent and inspiration to do it on your own. This place is full of creative minds more than willing to help and answer any question that pops up to help along the way. I'm continually amazed at the willingness of everyone here - so much more experienced than I am - to offer advice, their own secrets, etc.

Suzy you are exactly right that it takes hours upon hours of thought and work to make things your "own." The finished product is like our babies and no one steals babies!! Both of you handled this situation with such grace, but especially you.

Jackie

[nkennedy023]

Thanks doglvr. You are right. Suzy handled it very gracefully. I was telling myself that my lipbalm design wasn't "exactly" like hers, because the backgrounds were not the same, but I know that's what I based my lipbalms on so I know what I did was very wrong. Side by Side , There's no doubt. Suzy is absolutely right. There's no use in denying it! I felt like a kid caught red handed when I read her post, so I know I owe her a huge apology. I don't normally make a habit of copying peoples work. Suzy, Sorry again. I'm beyond embarrased (as I should be). I will probably close my Etsy. I've had sooo many hits on it from craftserver. I know i'll never get any sales, as i'm sure people think i'm scum That's noone's fault but my own, and lesson learned. I'm just hoping Suzy forgives me, and the people on this board will not hold it against me forever. I know that was a really low thing of me to do and I apologize again Suzy. Thank you for being so gracious and not tearing me up. This forum is amazing and so are the people. I read so much on here, and there's so many talented people. I just hope I haven't demolished my reputation for everyone. Sorry Suzy.

[doglvr]

A couple of months ago on Facebook, I think it was NG that asked people to please not copy their pictures or their wording because they've spent a huge amount of money to graphic artists and designers to accomplish what they have. I see their little thumbnail pictures and exact wording on many sites, so it is done all of the time. I guess for some reason it seems "ok" to do it to a large company than a single mom and pop site. I was guilty of that myself! I'm not online yet, but I did go back and rework my descriptions because I realized they had a point.

You're not scum and don't give up. Lesson learned. Takes a lot of character to admit and take responsibility - something sorely lacking in today's society. So get busy on your "own" design and bring it back to show all of us (or me anyway, not sure how anyone else feels.) Good Luck!

Jackie

[annie123]

Similar is not copied. Your labels are great but you buy your graphics from someone who sells graphics on Etsy. You cannot say that someone stole your designs when you do not have the exclusivity on the graphics to start with. Similar, inspired maybe but not illegal.

Suzy's Scent Shop, My Scent Shop, The Little Scent Shop, Annie's Scent Shop again similar yes but copied?

You sell mineral makeup, I sell mineral makeup we both advertise it the same way and we probably use the same containers too and so do most of the people selling mineral makeup on Etsy. I am sure that if you do an Etsy search for some of "your wording" you are going to have a big surprise.

In order to take someone to court you have to prove that this person is deliberately taking business away from you.

I have been on the receiving end of this issue many times, I have had my handmade design reproduce, my pictures stolen, my background copied to take my customers away and even then there wasn't much my copyright lawyer could do unless I wanted to sue the person in her own state and spend big bucks.

[SuzyK]

It was more than similar. Yes, I buy the backgrounds for my graphics on Etsy, but they are for commercial use so once I've purchased them, so once I design something with them, that design becomes my property. I take those designs and use them in a design for my labels so the design is mine. Her labels were almost exactly like mine. Did you see them? I have screenshots. When I first saw one, I thought it was mine. The font was even the same.

She used my wording even. Which is also illegal. If someone copied wording from my mineral makeup shop, that's not ok either. She ordered from me and used my label to make hers. The placement of the words and everything were exactly the same. She cannot copy designs.

I have a copyright lawyer friend so maybe I should send her the designs to see what she would have done. I had another friend look at the site and she said, oh yeah, you've been copied. It wasn't ok.

Edited October 16, 2013 by SuzyK

[Candybee]

Suzy

I notice that the 'copyright' section at the bottom page is only about Etsy's copyright. Is there nowhere on your site any notice that your text, photos, and website content are the copyright of Suzy's Scent Shop? It should be there somewhere.

Also, to protect yourself further, get watermarks on your photos or take photos of your products with your company name showing. Also, if you are able to put a code into your pages so that when a photo is right clicked a copyright message comes up I would use that as well.

Edited October 16, 2013 by Candybee

[kforbs126]

The creepy thing about this was her "about page" was almost exactly like yours word for word, including the My name is ..... and I'm a mother of 3 boys. It's pretty much like she copied and pasted everything. I don't know anything about copyright laws but I'd look into it if you can see if you can copyright or trademark your stuff.

[SuzyK]

I guess I will have to put something like that in my shop. I assume that people know it's a given to not copy another one's work or descriptions and policies and all that.

I can't do the code thing though to make the right click unavailable.

The way this happened is almost unavoidable. I could do all I want to "protect" myself but if someone orders from me, they have my product in their hand. The only thing they don't know is my exact recipe. I am definitely going to be more careful of what I share from now on.

[clueless]

It was more than similar. Yes, I buy the backgrounds for my graphics on Etsy, but they are for commercial use so once I've purchased them, so once I design something with them, that design becomes my property. I take those designs and use them in a design for my labels so the design is mine. Her labels were almost exactly like mine. Did you see them? I have screenshots. When I first saw one, I thought it was mine. The font was even the same.

She used my wording even. Which is also illegal. If someone copied wording from my mineral makeup shop, that's not ok either. She ordered from me and used my label to make hers. The placement of the words and everything were exactly the same. She cannot copy designs.

I have a copyright lawyer friend so maybe I should send her the designs to see what she would have done. I had another friend look at the site and she said, oh yeah, you've been copied. It wasn't ok.

She ordered from your shop!! And then stole your work!! Omgness you are handling this much better than I would be. I would be furious! I too, spent hours and hours designing my labels and making them just the way I want. Something different from anyone else. And I would freak out if a someone bought from my shop and then stole my designs!! Suzy, I'm so sorry this is happening to you. How very awful. We all have to start somewhere but we won't get ahead stealing from others. I remember when I first joined this site, I didn't know a thing about candles or bath and body. But I did MY work and research. And now I have a pretty successful little shop. Not drowning in sales but I do okay! And I feel good knowing I did it all on my own and not from stealing!

I just cannot believe this. I'm so upset for you Suzy! And I definitely do not think this is okay. How is anyone supposed to feel comfortable sharing their shops on here! I know I'm scared too! I don't want my stuff copied.

I hope this is all sorted and fixed now Suzy. And I hope you never have to deal with this again. I can relate to you though. Aside from candles and bath and body I was make newborn photo props. And I cannot tell you how many times I found my photos all over DHgate and similiar sites. Including Ebay!! I'm actually working on shutting down my photo prop shop because I can't compete. So I know how it feels All the best Suzy!!

[SuzyK]

The creepy thing about this was her "about page" was almost exactly like yours word for word, including the My name is ..... and I'm a mother of 3 boys. It's pretty much like she copied and pasted everything. I don't know anything about copyright laws but I'd look into it if you can see if you can copyright or trademark your stuff.

Yes exactly. An item is copyrighted the moment it is designed. Even though the backgrounds were designed by other people, I have permission to use them in my designs. It's like taking ingredients and making something new with it, that's what I do with my label designs and it is my design. I spend a lot of time looking for just the right design for my backgrounds. I would design them myself but I just don't have the time.

Also, it messes up google search if there are places with exact wording. There's a reason for that.

[SuzyK]

She ordered from your shop!! And then stole your work!! Omgness you are handling this much better than I would be. I would be furious! I too, spent hours and hours designing my labels and making them just the way I want. Something different from anyone else. And I would freak out if a someone bought from my shop and then stole my designs!! Suzy, I'm so sorry this is happening to you. How very awful. We all have to start somewhere but we won't get ahead stealing from others. I remember when I first joined this site, I didn't know a thing about candles or bath and body. But I did MY work and research. And now I have a pretty successful little shop. Not drowning in sales but I do okay! And I feel good knowing I did it all on my own and not from stealing!

I just cannot believe this. I'm so upset for you Suzy! And I definitely do not think this is okay. How is anyone supposed to feel comfortable sharing their shops on here! I know I'm scared too! I don't want my stuff copied.

I hope this is all sorted and fixed now Suzy. And I hope you never have to deal with this again. I can relate to you though. Aside from candles and bath and body I was make newborn photo props. And I cannot tell you how many times I found my photos all over DHgate and similiar sites. Including Ebay!! I'm actually working on shutting down my photo prop shop because I can't compete. So I know how it feels All the best Suzy!!

Thank you! Oh I am pretty furious but she took the stuff down so it's better.

I've had my pictures used on other sites too. This one goes a bit deeper though.

[nkennedy023]

I completely admit I used the same layout as you Suzy. That was very wrong. I did not use the same backgrounds. They may have been similar, but they weren't the exact same. I used colorful backgrounds just as yours were and it was made with the same layout. Therefore they were very similar. I have apologized profusely and taken it down. I do realize they were too similar. My about me, its all me. I have 3 boys, creepy or however it may seem, it was not taken from your page. I put on the listing , don't leave in hot car as it will melt. Yes that was like off your page. I've apologized, I used the way you had your lip balm designed and found my own backgrounds for them. They were pretty darn alike, but you didn't have the backgrounds I use copyrighted, as they did not come from your page.

[annie123]

Your lawyer friend will tell you that unless your work is copyrighted it is not protected. You could always apply for expedited copyright for each and everyone of your label but it is expensive and I am not sure that you can have your labels copyrighted since none of the graphic were designed by you and are probably already copyrighted. You should ask the person who sold you the graphics.

If you had contacted Etsy they would have told you that if you do not hold a copyright or trademark then there is nothing they can do. There is always the good old C&D letter but this person already took the items down when she did not have to. Plus a C&D is only good if the other person buys your bluff and you really intend to sue.

Two people buy the same graphics and come up with "almost exactly like" labels does not make it illegal. Maybe not very ethical but not illegal. Nor is it a legal matter plus

you only have 255 sales and this person only has 2 sales you could not even claim monetary loss.

I see that you only have been on Etsy for a few months after a while you will realize that most of the B&B products are the same base and scent and the wording is pretty much the same for everyone. Same with candles, tart melts the market is saturated.

I took a look at some of your listings and I don't know what you mean by "your wording" because I have been in business for 12 years and I have been using some of that wording since I started and other people were already using the same wording back then.

I also see that many of your Etsy listings have the words bath and body in them seems to me that is not really your wording either.

You may feel betrayed because this person bought from you under false pretense but that is nothing new either.

[HayCreekCandles]

I would be upset too. To take it to the legal level though I think is a little much. I could see maybe if she didn't remove the said items then I would pursue something. but she took everything down and owned up to it. I would just keep an eye on everything, it could happen again (once a cheater always a cheater) and do the watermark thing!!! That is a must! Open all your photos in Paint and slap a text box on that sucker somewhere with your business name so its clearly visible and CANT be cropped out!! Who knows your pics could be elsewhere too. It happens ALL THE TIME! It happened to me too.

[cmzaha]

Nkennedy took down the pics and apologized and I give her credit for sticking it out and trying to make amends. We all make mistakes of one type or another. I see the same graphics for sale on many sites, since artists are usually allowed to upload to more than one site. Unless you purchase an exclusive use, which is quite costly, you really only own the rights to use the image under their contract aggreement. This is why we have all our graphics done for us by a great graphic artist, but realistically if someone did steal our graphic other than issuing an order to take it down we could not afford the attorney fees to fight it. Which is why copyright does not mean a lot to many. Who have the exta $250 an hr for attorney fees to fight such....

[SuzyK]

Your lawyer friend will tell you that unless your work is copyrighted it is not protected. You could always apply for expedited copyright for each and everyone of your label but it is expensive and I am not sure that you can have your labels copyrighted since none of the graphic were designed by you and are probably already copyrighted. You should ask the person who sold you the graphics.

If you had contacted Etsy they would have told you that if you do not hold a copyright or trademark then there is nothing they can do. There is always the good old C&D letter but this person already took the items down when she did not have to. Plus a C&D is only good if the other person buys your bluff and you really intend to sue.

Two people buy the same graphics and come up with "almost exactly like" labels does not make it illegal. Maybe not very ethical but not illegal. Nor is it a legal matter plus

you only have 255 sales and this person only has 2 sales you could not even claim monetary loss.

I see that you only have been on Etsy for a few months after a while you will realize that most of the B&B products are the same base and scent and the wording is pretty much the same for everyone. Same with candles, tart melts the market is saturated.

I took a look at some of your listings and I don't know what you mean by "your wording" because I have been in business for 12 years and I have been using some of that wording since I started and other people were already using the same wording back then.

I also see that many of your Etsy listings have the words bath and body in them seems to me that is not really your wording either.

You may feel betrayed because this person bought from you under false pretense but that is nothing new either.

I have actually been on Etsy since 2009, so I'm not new to Etsy at all just this shop is fairly new.

Once I design something, it becomes my design. I don't have to purchase a copyright once I make something. It becomes my property. I have had a business since 2003 so I'm not a new business owner to know this. It is something I have researched. I have contacted my friend to see what she says. I don't have intentions of suing since she took the items down and has apologized and admitted that she did copy my idea and design. If you search on Etsy, there are tons of other lip balms and a million different ideas. Hers were far too close to mine to not say it wasn't copied. It was more than exactly alike.

Bath and body is a generic term, I never said that was my wording.

[mulberrysoap]

Yep, nkennedy, could have just done nothing, but she stepped up and is making it right, let's not all get on her back. Suzy, you have amazing sucessful businesses and you have worked so hard for it, it will all come good.

[SuzyK]

And as for the graphics I use for my backgrounds. I have permission to use them or commercial use is already allowed. I make sure of that when purchasing.

My lip balm is NOT a base. I make that from scratch. It's my recipe.

Edited October 16, 2013 by SuzyK