Sherl Posted November 9, 2006 Share Posted November 9, 2006 I have just found out that a crafter I was next to for a month this summer, has completely duplicated my product and is now selling them less than me. I called her today and she said 'all crafters do it'.. I promptly told her that crafters do no such thing, only theives. I told her that I have been making that product for years and she needed to stop using my design and at the very least, come up with her own, otherwise I would take legal action. She told me that would take money and to sue her.. then hung up. I'm a bit ticked and want to persue this.. what do I need to do to get her to stop. I will be looking for a lawyer Monday.BTW.. searched previous threads for advice and hunting her down and killing her is not an option.. Quote Link to comment Share on other sites More sharing options...
Sweet68cam Posted November 9, 2006 Share Posted November 9, 2006 Ouch..sorry this happend to you..what exactly did she "lift" from ya? Was it just same type jars or your label/logo and all?? Need more details before I can offer any advice on it..sorry. Also was any of your stuff copyrighted? Quote Link to comment Share on other sites More sharing options...
Jordan Posted November 9, 2006 Share Posted November 9, 2006 Ahh, that sucks. I hate it when that happens. We had two local people that would copy everything we made.....I'd come up with something new and then they would copy it. We don't do retail any more, so I am not as aware of the competition as I was when I had a store. My best advice is to change the scent names of your candles so they can't tell where you get them from. (If that is an issue) Quote Link to comment Share on other sites More sharing options...
Sherl Posted November 9, 2006 Author Share Posted November 9, 2006 Actually was not my candles.. its the potato bag I make. I know they are around but I took the idea and made it mine with how I made the bag so the inside shows as trim and the types of fabrics I choose to use. I bought one when I lived in Tx and it was done very different.. my mother sees them in the shows down there some times and they are also done different.. I've run across other crafters and craft buyers that have seen them but not like I do them, I was careful not to be anything like what I saw when I did a search before I started making them. I know a copyright exists when the thing is created.. and I have years of sales reciepts to back up my claim. Not to mention the photos I have submitted to the craft shows over the years. Had she copied the idea, I could live with that.. but exact duplication and undercutting me. Her attitude makes me want to persue this. Quote Link to comment Share on other sites More sharing options...
Sweet68cam Posted November 9, 2006 Share Posted November 9, 2006 Hummmm thats a tough one..althought as I understand it you have to register the copyright..it does not exist just beacuse you made the product and can prove how long ago..I could be wrong on that but never heard of that before..maybe someone else can chime in on that part. BAD news is if you do have to register a copyright and you didn't..not much you can do..also more bad news..even if you did copyright it..it would take ALOT of money and no guarentee you would even win..its takes alot these days for a copyright on something like that to be upheld. I hope you can figure out something..I think me personally would not waste my money with all that, I would make something really dorky and tell her its the hottest selling thing ever..let her copy that..lol Quote Link to comment Share on other sites More sharing options...
Sherl Posted November 9, 2006 Author Share Posted November 9, 2006 Actually the copyright site does say that when an item is created it is copyrighted, even if no 'formal' copyright is filed. Am doing that this weekend. I'm hoping to find a lawer that will send an 'official' looking cease and desist letter to her on their letterhead. Her craft until the theft was crocheted dish cloths. These things sell well for me and this last show they were just an average sell.. now I know why. A friend told me they were exactly like mine.. should be she bought one this summer. Quote Link to comment Share on other sites More sharing options...
Sweet68cam Posted November 9, 2006 Share Posted November 9, 2006 Oh...well thats good, I did not even know that about copyright. I think that a letter from an attorney would be a good idea..even may just scare her enough she will stop and you wont have to worry about taking it any further. Quote Link to comment Share on other sites More sharing options...
RobinInOR Posted November 9, 2006 Share Posted November 9, 2006 That sucks. I'd be tempted my next fair to have a big ole' sign"Why buy a copy when you can get the ORIGINAL xyz by abc" Quote Link to comment Share on other sites More sharing options...
Jordan Posted November 9, 2006 Share Posted November 9, 2006 That sucks. I'd be tempted my next fair to have a big ole' sign"Why buy a copy when you can get the ORIGINAL xyz by abc" Good one! :laugh2: Quote Link to comment Share on other sites More sharing options...
barncat Posted November 9, 2006 Share Posted November 9, 2006 i don't think you are quite right. You are thinking more of a patent, which you wouldn't have cause you didn't invent it. Here's a quote from the us copyright site:Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.http://www.copyright.gov/help/faq/faq-general.html#protectBest you can do is when you sign up for shows, tell them you don;t want her anywhere near you because she copied your exact product, and you have proof, sometimes they may end up not letting her in the show...ask me how I know...I did that to some one, who did the same to me. Quote Link to comment Share on other sites More sharing options...
SunshineSundries Posted November 9, 2006 Share Posted November 9, 2006 As a fellow fabric crafter, I know how something like this can really tork ya off. You go through all the trouble of finding "perfect fabric", cut, stitch, press, stitch some more - all to make a product that you don't make a million on but are comfortable. Then someone comes and steals your idea... and tries to take your sales. I looked at your potato bags (I've never seen them before and love the idea - don't worry I won't steal it! ) and I figure that your pricing is about right considering fabric, time, and overhead. If this lady -er excuse me - person is going to steal your idea and try to sell them for less, I can almost guarantee that she won't be doing it for long. Between karma and lost money, she'll give up. She can't be making any money selling them for less unless she is using crappy fabric and they aren't constructed well - that means she won't have repeat sales - heck she may even have people asking for a refund! Have faith and things will workout... I'd still call a lawyer though and see what they say - a letter in the mail may make her quit a bit sooner... Good luck to you!!Life & Light!Tish Quote Link to comment Share on other sites More sharing options...
Beth-VT Posted November 9, 2006 Share Posted November 9, 2006 Barncat beat me, but she is correct. Copyright is not the correct term, so the rules you stated do not apply. Although you may not like what she did, it happens all the time in this biz, and most others. Dip bears? The idea was patented but tons of peeps here do them anyway, because maybe their process isn't exactly what was patented, but it's still the same thing. Unfortunately, you don't have much of a legal leg to stand on. You didn't invent it, it's not an original idea. You took someone elses idea and modified it to make it your own, and it clearly states under patent laws that that does not constitute an original idea and a patent would't be allowed even if you did submit. She did what you did basically, she just didn't put any extra effort into it. Sorry it's not what you want to hear, but it's the way it is.ETA: Haven't you ever bought a knockoff handbag, or shoes, or jeans or a dress? Same thing. Quote Link to comment Share on other sites More sharing options...
Sherl Posted November 9, 2006 Author Share Posted November 9, 2006 I got the form VA and it states about works of artistic craftsmanship..are registerable but the form makes it clear that protection extends to 'their form' and not their 'mechanical or utilitarian aspects. The design is considered copyrightable 'only if, and only to the extent that such design incorporates pictorial, graphic, or sculptural features that can be identified seperately from, and are capable of existing independently of the utilitarian aspects of the work. The purpose of the bag I do not believe is protected.. they way I make them I think is. Maybe I'm reading it wrong.. otherwise how can a quilter protect their patterns? Anybody can make a quilt, but not anybody can take my design and make a profit from it. Am I wrong here?? Quote Link to comment Share on other sites More sharing options...
Alajane Posted November 9, 2006 Share Posted November 9, 2006 I'm sorry to hear about this, but just had to tell you I love the potato bags! I had to check them out because I'd never heard of them and they sound like a great item!You're definitely safe from imitation by me because to get to my sewing machine I would have to move my bedroom TV, VCR, and satellite receiver! I won't even do "necessary" repairs unless it's something tiny I can do by hand!But I just had to tell you I love the look of your product!Jane Quote Link to comment Share on other sites More sharing options...
Noodle Posted November 9, 2006 Share Posted November 9, 2006 What an outrage!!!! I feel for you and you should not have to contend with such crap. You can probably pay money to have a lawyer send a threatening letter. My business suffered greatly from a thief. I learned my lesson and have EVERYTHING trademarked. It is awful that we have to spend money to protect what is ours. Quote Link to comment Share on other sites More sharing options...
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