My Etsy Shop has been copied! Help!

[annie123]

Ok this is the last I am going to post about this because I agree with others here that you either get over it or take her to court and I really don't think you've got a case. But I checked some of the commercial license agreements on graphics I bought on Etsy a while back.

One reads: "All graphics, once sold or downloaded free of charge, do not become your property." So you may not even be able to copyright your label.

Your labels are great and everybody likes them so why don't you just go into label design and bypass all this BS!

[SuzyK]

There was ONE person who sad get over it and move and that's because they thought she had apologized and moved on.

I am going to say it again because people have not read the whole thread.

She is STILL copying my work, she put it back up after she said she copied and apologized and then decided she would say she got a lawyer and put it back up.

I'm not going to get over someone ordering from me and then admittedly copying. I work hard to do what I do and I take it very personally. If this were you, you would be acting very differently I suppose

I am waiting to hear back from the copyright lawyer and from Etsy.

Be careful what you post in a forum. I really wish there was a way to edit our posts because I would go back and erase a lot of what I've done to "Help" people.

YEs, I am going to write out copyright info on all my listings.

There is a first use law when making things from what you purchase.. You still cannot copy my work once I buy those designs.

Edited October 17, 2013 by SuzyK

[HayCreekCandles]

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+balm

Again 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_active

http://www.etsy.com/listing/153417693/cotton-candy-flavor-lip-balm-natural?ref=shop_home_active&ga_search_query=cotton%2Bcandy

I 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

Its even the same FONT!!!! WTH???

[dillypooh]

My opinion is she apologized and took it off etsy but it wasnt laid to rest. She did the right thing but continued to get bashed.

I think you would have had a better outcome if you had closed the thread. JS

[SuzyK]

She's not getting bashed. People are being honest about her copying my work. She apologized and then put her stuff back up, If you look at her shop, the items that she admitted to copying are back up.

Please read the whole thread before responding.

[mulberrysoap]

I said earlier in the thread that she was doing the right thing by saying sorry and removing the listings. She has decided to put the listings back up negating the goodwill she had, ack, Suzy I feel for you, some people go for the fast buck instead of building their own brand. There is only so much you can do with a small space like a lip balm but it is totally possible to be original.

I don't get the sorry's and then the Oops no actually I am not sorry. It would have been quicker to just rebrand IMO only.

[Michdj]

And NOW I regret what I wrote about moving on. And about being gracious, come to think of it. I worked my TUSH off on my labels... I sweated for hours and days and weeks about the FONT for my logo. I went through hundreds of photos to find the PERFECT photo for each scent. And if someone just came along and wholesale "borrowed" the line, I'd be nasty upset. I was originally impressed the 'fessed up and took it down. Stupid me thought she'd go back to the drawing board and revamp. But NOOOOOO. So forget what I said about moving on. She's played unethically twice, now all bets are off. I'm sorry, Suzy. Go get her.

[justajesuschick]

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.

I admit that I felt very badly for nkennedy after her seemingly heartfelt apologies and sure hoped that Suzy could be gracious enough to accept her apology and things could move on. UNTIL I read this post. Particularly what I marked in bold. So, she did copy Suzy (with clear intent, after boldly BUYING her product from Suzy (presumably to base her line) not just randomly getting "inspiration" from etsy, Pinterest, as many of us do), admitted it to Suzy, admitted it here and admitted it to her lawyer but, hey! since it does not hold water, all bets are off and she should not have ever apologized???

People never cease to be disappointing to me.

[SuzyK]

Yes, I was very happy to move on after her seemingly sincere apologies. She said she was beyond nice but that's not true. PShe even sent me apology private messages. I did want to defend myself after people kept posting. But yes, what you put in bold made my jaw drop.

There is more to the story that I've left that made me look into her copying and to browse Etsy.

I am moving on. Though I am still waiting to see what Etsy Legal has to say and a copyright lawyer. Mostly for future reference at this point knowing that she's still going to sell someone else's designs as hers. I know that I am creative and have my own ideas and have awesome products and I am ethical with how I run my business. I am successful because of it. Someone may copy my designs but they cannot copy my exact recipes or my customer service or my business experience.

I am usually a very easy going person. I feel like I have been helpful and encouraging in this group and don't usually cause a stir but this was very hard for me to just let it be.

Like Karen said, Just because something may be legal, does not make it right or ethical. That is how to run a successful business!

[Belinda]

Amen SuzyK!

I really hope things work out for you! I'm so sorry this has happened to you. We all get ideas and inspiration from other peoples creations but this is different. Maybe she'll have a change of heart and realize the wrong she has done and truly feel sorry about it. We can only hope.

I believe because of your good work ethics, talent and experience you will still come out on top but I also know this has to be upsetting.

I really hope all the best for you in the future. I wish I could give you some good advice but I really don't know much about the business side of things.

[Candybee]

I wish you luck Suzy and hope it works out for you! Getting your property copied feels like someone breaking into your home and stealing. It leaves you shocked and feeling violated.

I am hoping that at the very least Etsy will require her to take down the copied photos and text and given a stern warning. Whatever happens I do hope it works out for you. No one should have to go through this.

I was lucky. I had my first website set up for me professionally. I was shown the copyright features and given good tips for protecting myself and my website property. I just wanted to pass down what I had learned and hope it helps someone or at least makes them think about it.

[SuzyK]

Yes, that's exactly how it feels.

I know I can only do so much to protect myself but I am working on it. I mean, when someone orders from you and has your product in their hands, there's not a lot I can do other than to educate people on who to watch out for and who to help. I guess I assume most people know that once someone has designed something, it's already copyrighted. Etsy has a lot of info on their site about this.

I was contacted by their legal department today and so it's going forward from there.

Business is really good for me and I have amazing reviews to I know I am doing it right and I am proud of what I do.

Thanks to those who have helped me out.