A copy of a design

[TheSalvagedEdge]

My most original pieces are my bookmarks. I recently was looking through pages of them and came across one that is nearly an exact copy of my Madame Bovary bookmark. Maybe my eyes are deceiving me but it looks like the seller was trying to copy my bookmark exactly. Do I have a leg to stand on if I haven't trademarked the design? I have never had this happen before and am not sure if I even have legal rights to tell her to stop selling it.

[TheSalvagedEdge]

It's a small shop that has been open only for a little while and her tags are not great, I just worry she might try to copy more of my designs. If I hadn't been looking through all the copper bookmarks I may never have seen it.

[CarrieStephensArt1]

You do have copyrights the moment you create an original piece of artwork.
http://www.arsny.com/basics.html

You should always take a picture of your original art so you have a proof of date.

This article will also help you!
http://business.tutsplus.com/articles/what-to-do-when-someone-steals-your-work--fsw-1853
Lots of resource links listed at the bottom as well. Basically you need to do your research before you contact if you choose to do so.

Whatever you do, be a professional about it!

[TheSalvagedEdge]

Thanks. She took the listing down. I hope for good. It was very strange to see my design but it not be my listing!

[Mzcarley]

unforunately this happens to often on etsy. Even to classical art pieces. It is good that she took the listing down.

[HeidiDiCesareDesigns]

I think that happens a lot. I get turned off to Pinterest when I get an email that says "x pinned your bracelet" and I see the board she pinned it to is "jewelry patterns". There's not much you can do about it, at least in the jewelry world. At least that person took the item down.