annie123 Posted October 16, 2013 Share Posted October 16, 2013 I don't know where you did your research but I actually spend the $250.00 to sit with a copyright lawyer a few years ago. It doesn't matter what you make if you do not apply for copyright your work is not protected under the law, others can reproduce it if they want. All a court looks at is who owns the copyright on the work. Anyone can buy the same graphics with commercial use permission and make labels, heaven helps us if they seem similar to yours. Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 16, 2013 Author Share Posted October 16, 2013 (edited) I got my info from people in copyright law. I am waiting to hear back from my friend. She is an expert in intellectual property law specific to the internet. I will wait to see what she says just in case this happens again.And I'm not really sure if you missed it, but she did admit to copying my designs. Even I thought one of them was my pictures, that's how close it was. Edited October 16, 2013 by SuzyK Quote Link to comment Share on other sites More sharing options...
HayCreekCandles Posted October 16, 2013 Share Posted October 16, 2013 (edited) I too have been in business since 2003 so I'm right there with you. As I said someone did this very same thing to me, and there was nothing I could do BECAUSE it was label design. I looked into it. I had to re-do everything. Extremely upsetting and I totally understand your frustration believe me. I actually had someone just this past Saturday snap a quick pic with their cell phone of one of my jars at a show and then take off. Like a close up of the label. My mom asked the girl if she was taking a picture cause she had her phone down real low on the table, she replied yes my mom asked why? she said to send to her friend, and then left. Unless you want to keep your product hidden in closet somewhere and not make any money, it's kinda hard to prevent someone from copying something of yours. I keep telling myself even though they copy it, they don't copy the recipe, what's on the inside of the jar or tube, that's what counts in the end. Edited October 16, 2013 by HayCreekCandles Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 16, 2013 Author Share Posted October 16, 2013 I know there's something about if it causes confusion in the marketplace, I do have a leg to stand on without having to purchase a trademark. Anyway, I'm waiting to hear back. Quote Link to comment Share on other sites More sharing options...
HayCreekCandles Posted October 16, 2013 Share Posted October 16, 2013 Well Good luck with it!!!I hope it works out for you and remember....WATERMARK!!! lol Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 16, 2013 Author Share Posted October 16, 2013 Thanks. I'm not going to go after Nikki since she already took stuff down and admitted to copying. I am just getting myself prepared. Quote Link to comment Share on other sites More sharing options...
nkennedy023 Posted October 16, 2013 Share Posted October 16, 2013 After spending part of my day with a Lawyer and on the phone with Etsy, I am writing to inform you that I WILL be relisting my Lip Balms. I showed both of our products to a lawyer, and was informed that I never should have apologized and that there was no way I can be held legally accountable for using the design I made. I told him that I got the layout design idea from you, then found my own backgrounds. He agreed they were similar but there was nothing by law stopping me from using my design and that I had as much right to use mine as you did yours. Suzy, I had taken down the lip balms, apologized (which the lawyer said I shouldn't have done), but this thread still stayed up. We are all on Etsy trying to make money, and after doing an internet search (which you should do btw) There are lipbalms that have the exact same layout as yours, what's saying you didn't take the ideas from them? I got my layout idea from you, i told my lawyer this, but since it doesn't hold water, and i've been beyond nice about this also, I had to protect myself legally also. I've been advised to no longer have any direct contact with you other than through our lawyers, I have his name address, contact info I'll be more than happy to message to you if you want, I also have a notorized letter from our meeting today, that i'll be more than happy to send to you. Thanks. Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 16, 2013 Author Share Posted October 16, 2013 You admitted to copying my designs- that's the difference. I didn't copy anyone. You new you were guilty and so took down the design and admitted to being "caught".The lawyer said you shouldn't do it because it's admitting you did something wrong.You tried to friend me on facebook AND this site. Why was that?Good luck Quote Link to comment Share on other sites More sharing options...
QTsmum Posted October 16, 2013 Share Posted October 16, 2013 Wow, I had a lot of respect for the person at fault initially for owning up and really hoped the best for your shop. Now.....Well...I don't even know what to say!Would it really be so hard to remove the labels or clearance those out locally or something and design your OWN? I'm sorry but it's FUN to use your own ideas from your own head. It's one thing to be inspired by something but to outright copy it, owning up and then recanting???! Shameful. I'm sorry Suzy. I'd be beyond pissed. It's one thing for the big guys to do something so sickening but for fellow crafters, I think it's awful. We should be supporting each other and not pulling crap like this. Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 16, 2013 Author Share Posted October 16, 2013 (edited) I am beyond pissed. Beyond. I cannot imagine doing that to someone. To admit I did something wrong and then apologize and admit that yes, I did copy and then to take it back. Not the best business move. I will move forward and continue be successful with a clear conscience. I cannot speak the same for her. Since her items have been reposted I have found a few more that are almost exactly like mine. You can't get any closer to my designs than hers, without her taking the label off of mine and slapping it on hers. Edited October 16, 2013 by SuzyK Quote Link to comment Share on other sites More sharing options...
Vernie1 Posted October 16, 2013 Share Posted October 16, 2013 SuzyK, I'm sorry this happened to you. I would be pissed to. She has alot of nerves to admit it and then seemingly coming back with an attitude in her last post. She can only be proud of herself and work, when she comes up with her original ideas and not someone else's. Quote Link to comment Share on other sites More sharing options...
annie123 Posted October 16, 2013 Share Posted October 16, 2013 When you looked a both side by side it is the same style but they are not alike.http://www.etsy.com/search?q=hot+buttered+popcorn+lip+balm&view_type=gallery&ship_to=US&spelling_corrected=hot+butered+popcorn+lip+balmAgain it is the same style but these are not similar. http://www.etsy.com/listing/165619457/cotton-candy-flavored-lip-balm-natural?ref=shop_home_activehttp://www.etsy.com/listing/153417693/cotton-candy-flavor-lip-balm-natural?ref=shop_home_active&ga_search_query=cotton%2BcandyI guess this one copied too!http://www.etsy.com/listing/126095186/pina-colada-gourmet-lip-balm-with-cocoa?ref=shop_home_active&ga_search_query=lip%2Bbalm Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 16, 2013 Author Share Posted October 16, 2013 (edited) That last one has the same idea but her words are not listed in the exact same place as mine with fonts that are exactly the same. She may have copied but I don't have proof and at least she changed where the words were placed. I doubt this one is copied.The hot buttered popcorn is like 99.9% the same. How can you say they are not alike? That's what caught my eye. And then I realized she had ordered from me before. Edited October 16, 2013 by SuzyK Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 16, 2013 Author Share Posted October 16, 2013 She's already admitted to ordering from me and then copying. I don't know why anyone feels the need to fight what I am saying. Quote Link to comment Share on other sites More sharing options...
annie123 Posted October 16, 2013 Share Posted October 16, 2013 I am not trying to pick up a fight but honestly to me copying would be an exact reproduction were customers could not tell yours from hers apart. Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 16, 2013 Author Share Posted October 16, 2013 Well, I did think it was mine, that was the problem. I did a double take when I saw her listing because I thought it was my picture at first. Then I realized it wasn't as nice as mine and just a copy of the design. Then I realized it was someone who had purchased before me and I was livid.I have had several others look at her hot buttered popcorn compared to mine and they can't believe it. It's a copyright infringement of my intellectual property and it's not ok. I will get it figured out though. Quote Link to comment Share on other sites More sharing options...
JI Posted October 17, 2013 Share Posted October 17, 2013 Although I have some sympathy to Suzy I agree with Annie. A lot of the patterns are similar. This is one reason I don't do etsy. I have a unique naming of some of my product. I know if I put it on etsy it will spread somewhere. How many of us have looked other websites or etsy to get inspiration? I have. Plus what should she have done as far as wording? Should she have lied and said mother of 2 instead of 3? The gold colour is a logical colour for popcorn. I would take the inspiration from your design as a compliment. Imitation is the sincerest form of flattery. You technically don't own any style design unless you have copyrighted it I think. I saw other balm tubes from other companies thst looked similar to yours. It is what is inside that counts. It looks like you Suzy, have a successful business. Your product is great. Don't worry. Internet has opened the world to us in good ways and bad. Your design, while pretty, is certainly not unique if one does a google search. The curse of the internet I suppose. You get the exposure and it will benefit you in positive ways and negative. Quote Link to comment Share on other sites More sharing options...
Sammi_552 Posted October 17, 2013 Share Posted October 17, 2013 This is what I see as being similar: The "Hot Buttered Popcorn" font and font color.The tube, label color, graphics, label size, "Lip Balm" font, and spacing between "Hot Buttered" and "Popcorn" are all different. Sorry, I'm not seeing it. Quote Link to comment Share on other sites More sharing options...
justajesuschick Posted October 17, 2013 Share Posted October 17, 2013 I am just grateful that I was taught courtesy, respect and ethics. My dad reminded me often that just because something was legal that did not necessarily make it right. Quote Link to comment Share on other sites More sharing options...
Belinda Posted October 17, 2013 Share Posted October 17, 2013 I agree with Karen! I really hope this all gets worked out for everyone. Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 17, 2013 Author Share Posted October 17, 2013 This is what I see as being similar: The "Hot Buttered Popcorn" font and font color.The tube, label color, graphics, label size, "Lip Balm" font, and spacing between "Hot Buttered" and "Popcorn" are all different. Sorry, I'm not seeing it.The spacing between hot buttered and popcorn and the font are exactly the same. Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 17, 2013 Author Share Posted October 17, 2013 I am just grateful that I was taught courtesy, respect and ethics. My dad reminded me often that just because something was legal that did not necessarily make it right.exactly! There are so many things that are still considered legal but aren't right. Very very good point. Quote Link to comment Share on other sites More sharing options...
Michdj Posted October 17, 2013 Share Posted October 17, 2013 I'd love to see the ranting stop and either legal action be taken, or not. She owned up to it and yes, it sucks, but it's over. Either roast her at the stake or let's move on. We all put "copyright blah blah" but I'd guess VERY FEW actually have copyrights. No copyright, no legal recourse. Period. I'm sorry it happened, but I'm almost feeling more sorry for the woman who copied it. She took it down, she apologized, she feels bad, she had the balls to admit it was her quite gracefully, so let's moooooove onnnnnnnnnn... Quote Link to comment Share on other sites More sharing options...
SuzyK Posted October 17, 2013 Author Share Posted October 17, 2013 (edited) She had the balls to admit she did wrong and then admitted she's putting her stuff back up and sell anyway so it's not over. I don't think you read the whole thread.If you don't want this to continue then you don't have to read it. Edited October 17, 2013 by SuzyK Quote Link to comment Share on other sites More sharing options...
Candybee Posted October 17, 2013 Share Posted October 17, 2013 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.It may be unavoidable but there are things you can do to protect yourself. Plus, if you don't do things to protect yourself it can have a negative effect on you if you ever end up in court fighting for the right to use your own property.You can write on each page your copyright statement.You can make sure all your photos have a watermark or show your store name.You can trademark your company name & logo (this is standard practice which you should already have done)You can also copyright any or all of your photos, videos, etc.All these things work as proof that you that you took the time, money, and effort into protecting your property, the dates that you did them, and can be used in court to help establish your case.Don't assume because someone can take something from you that there is nothing you can do about it. In your case your were lucky. The person responsible took down your property and apologized for it. But that is not always the case. Think of it this way, would you buy a house or a car and not insure it? Would you not buy health insurance to cover your family and children if you can afford it? You do things to protect your family and property. Your business is also your property and you worked hard for it. Don't let someone steal it from you because you did nothing to protect it. Quote Link to comment Share on other sites More sharing options...
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