How to handle being accused of stealing someone's design?

[MyGigiDoll]

I got a convo last night from someone saying my design was identical to hers and she demanded to know how I came up with my doll design. It was the facial features that she said I copied. I have never heard of this woman and I've never been to her blog. I've also never seen her dolls. I told her this and she said that she was going to check into copyright laws and see what she could do. I looked at her dolls and while there are similarities, they are certainly not identical. I wanted to ask her if she invented rosebud lips, but decided to keep the conversation as short as possible. My dad, actually, is a patent attorney, so I know he could help me, but I don't really want to make a big deal of this by getting him involved unless I need to.

Do you guys have any advice? What are the rules about getting ideas from other dollmakers? I mean, I do NOT want to take anyone's idea, but, for example, I hadn't thought of making doll hair out of felt until I saw it on a doll. Is that stealing?

(I checked the team member list before I posted and she isn't on this team)

ugh. Thanks for your input. :(

[Former_Member]

That really sucks Melissa, but there are A LOT of people out there with similar designs; its not just limited to doll making. Most people get inspired by another person's idea, so there is very little that is truly "original." Just because you saw felt hair on another doll doesn't mean you stole their idea; you became inspired by the medium they chose and undoubtedly came up with your own version.
I'm not too sure on patent law, but you may want to reconsider getting your dad involved. It seems like this woman wants to make it a "big deal."

[starlightwoods]

There are many dolls on here with similar facial features. What sets your dolls apart is the execution- they look like they are made with impecable detail and very well crafted. I don't think you have anything to worry about, unless she is the original inventer of the "ragdoll". You are not the only one that creates hair from felt, but again your dolls to stand apart from many others i have seen on here because of your amazing craftmanship. Don't let this little bump stop you- keep on sewing - I love your designs!

[FantasyArtooakStudio]

It is a big deal when you have your own style And there are copycats that Try To make similar designs even worse, sell it for less.It brings down the market. This happens to me all the time.And is still happening.I will make something completely original And unique and then a week later   Copycats Make similar dolls.. But I get it it's hard to patton Doll poses, Little things like jewelry  On certain places on doll like wrist for male fairies. Or blue skin dolls with tree leaves for wings. I still don't think it's fair that they make their own version, It's still stealing and copying. Not only that is disrespectful For That artist that they are Copying

[SassiChic]

Wow - that is really horrible, and a low blow. I wouldn't worry too much about it...she will probably realize that she over-reacted.

[MariasWorkshop]

I saw your dolls and they are gorgeous. Very appealing.

Like Kayla mentions, there are a lot of people out there using similar or almost similar face features, felt for the hair, etc. I myself made a doll that had features very similar to yours - I made the pattern from scratch in 1985 and never distributed it! I did sell two dolls made with that pattern. Recently, I was attracted to felt hair and was doing some research. I am sorry you are in this predicament and I am sorry for the person who believes that you allegedly infringed on her designs, as well - it must not be pleasant at her end either. I am sure that after she does some research, she will find out that there are many, many dolls using the same materials and designs out there. I do not believe she has grounds for a claim. It is the personal touch and extra little something that makes the difference. I know it must be unpleasant, but do not worry about it. Have you ever heard the phrase "There is nothing new under the sun"? Try not to worry about it, this too, shall pass.

If you search for felt hair you will find dozens of doll designs. I do not know if this site can be opened, but here it is anyway:

http://www.google.com/search?q=doll+with+felt+hair&hl=en&client=firefox-a&hs=btw&rls=org.mozilla:en-...

[MyGigiDoll]

Thanks for the reassurance, guys. She did mention that several other dollmakers had copied her as well, so she thought perhaps I had copied them, inadvertently copying her. Huh???

Maria, I agree with you that it would be such a bummer to believe someone had copied your design.

I may just put my dad on alert, but tell him not to do anything until/unless I hear from her again.

[Former_Member]

i feel sad when i see this issue on etsy.....i read in a forum once that someone advised someone else to "immediately send a cease and desist order" to another seller who made similar hats to theirs.....seriously?!

this issue is like GAP telling Target they must immediately stop selling white t-shirts!!!!!!!!
how can the other shop owner prove you did or didn't make these dolls long before etsy came along?! go on with your BEAUTIFUL work.

[Former_Member]

Craziness! I wouldn't worry about this too much.

[Former_Member]

I met someone who got a convo like that when she started selling on Etsy. It put her off Etsy, just to begin with - she saw all sellers here in the light of that one, and she wanted nothing to do with selling here or with being part of any of the teams. What she told me she did to counter the accusation was to google the design element she was supposed to have copied (in her case if I remember right it was sea glass and driftwood crosses) and came up with something like a bazillion google hits for people who made similar items.

[MyGigiDoll]

Ooh, that's a good idea, Debra! I think I'll do that. Thankfully, my experience on Etsy has been incredibly positive and I've met the most wonderful people. I'm sure this woman is a nice person who is just protective of her dolls.

[MunasTreasures]

doll making is such an old, old tradition that it seems silly to go around accusing people of stealing ideas. my grandmother, the muna in the avatar photo, made all sorts of dolls and i laughed when i read about felt hair because she used felt for hair when she didn't have other materials nearby. she also used all sorts of old clothes, handkerchiefs, etc. to make her dolls because she had very little money. her dolls are priceless and we still have some of the ones that have survived over time

recently i was at a friend's house who showed me some dolls she was working on--and i almost fell over--one was nearly identical to a doll my great grandmother had made from scraps and buttons many, many years ago--the doll is long gone and my friend had never seen or heard of it from me--i had forgotten all about it until i saw hers! but the point is....given certain materials and ideas it is not surprising that people follow different paths to the same ideas and designs....

[SilverLilyJewelry]

Hi Melissa!, I am new to Etsy (well one month old!) and am in jewelry,and believe me there are so much of the same design's out there it is unbelievable , so keep your head up and keep going it isn't a crime to be inspired all great designers are inspired by each other (although they won't admit it!!!!LOL)
Sorry would'nt be able to give u advise on the legal side of things

[Former_Member]

She sounds nuts. Wait and see what happens next - maybe she has moved on to something else to freak out about. You dad probably knows more about this, but I believe it would be on her to prove you stole her idea, not that you didn't steal them.

[Former_Member]

Never saw a doll with this kind of eyes - great!
I made a doll for my dog for christmas (yes, I know how this sounds *shame*). And it looks like a doll - a head, a body, two arms, two legs and the same kind of hair like your dolls. And I swear I never knew your dolls before. Like Maria says: There is nothing new...

[Winterwomandesigns]

I'm really sorry that happened to you Melissa because the same thing happened to me a couple of weeks ago. The convo was really nasty and personal. I was really shaken up by it. As it turned out, the person who wrote to me was not the shop owner, but the shop owners mother!
I contacted the shop owner and told them about the convo and that I had been making & selling my jewelry at a local bike shop even before I looked on Etsy. The shop owner was a little nicer than Mom, and it all ended OK, but now, when I make something, in the back of my mind is the thought that someone else will see it and accuse me of copying. :-(

[IstriaDesign]

Hi Melissa! I agree with everyone else. Nothing is new, we are all recycling old styles, old ideas, and whatnot. You could've seen her dolls before she saw yours and accuse her of stealing your design. So, when you really think about it, there's nothing she can do about it just because there are some similar features. Try not to worry about it, even though I bet this is not an enjoyable experience.

[Former_Member]

Which one of you started selling here first?
She might be just jealous of you because you are selling well here.

I would ignore unless she files a lawsuit against you (then your dad will help you) But I bet it won't happen. So don't worry about it.

[Former_Member]

I'm sorry that happened Melissa (and Jean.) Something like this is so upsetting and it makes you doubt yourself for a moment, but don't let it get to you beyond being aware of these individuals.
I think that those who are that wrapped up about someone stealing their ideas must be very insecure about their own work. And certainly if they are that concerned someone is going to "copy" something they post, they really shouldn't have an online shop where potentially millions of people have access to their designs - that's just silly! That said, I know a designer that makes her own clasps that she never allows to be shown in the photos that go on her website because she's afraid someone will copy them.
Have you ever noticed that if five different people are given the exact same recipe to use, you will end up with five slightly different dishes? Similarities will happen but we each have our own personality and energy that we put into our work, making our items our very own. Getting wrapped up in the idea that someone might see something you made and only detracts from your own creativity and honestly, it drives people away.
Your dolls are darling, Melissa - keep at it!

[dearsweetdarlings]

Just looking around the internet (using embroidered doll face), I can list a few dollmakers that use similar features. I personally see in your work possible inspiration from vintage dolls, such as those made by Edith Flack Ackley.
I know that I've certainly been inspired by many sources. If the person bothers you again, maybe you could list your inspirations?

There are a bazillion ways of rendering a human face and they've all been done in one way or another.

[dearsweetdarlings]

I would also suggest image googling 'Alice Brooks doll'. It's from the 30/40s. :)
I think that there is certainly a 'doll face' collective memory.

[Former_Member]

Every time we put a picture of our work somewhere, somebody can copy it.

Is it a copy if you are following a pattern? Look at arts like chain maille that have been around for hundreds of years - some people sell directions on how to do the weaves when they didn't create the weave itself. They go through a lot of work to present it in a way that makes it easier to do, however.

Unless someone can prove they have the only one of something it is hard to imagine that two people couldn't come up with some of these ideas independently. The other doll maker and you could have watched the same cartoons as a kid or saw the same pictures in a book that made that face type something that appealed to you both.

[MyGigiDoll]

Alison...you are good. :) I've gotten a lot of inspiration from 30s and 40s dolls. I actually started out making a less flat doll but it was just so hard so I used what I loved about those dolls (the facial features) and made the dolls flat.

What is interesting to me is that if I had seen this woman's dolls I wouldn't have thought they looked like mine. The features have some similarities, namely the rosebud lips (though I most often use a simple smile) and the white reflection in the eye, but the dolls have a very different feel. Hers have a more "anime" feel.

[Former_Member]

As long as your dolls are not identical to the one that she put a copyright on (if she did at all) then I wouldn't worry about it too much. With the internet these days absolutely everything is out there, unless you are intruding on her brand/name or specific copyright then she can't really do much. Good luck to you, I know it will all work out!

[TheSalvagedEdge]

I agree, she would have to prove that you copied her doll explicitly. And just saying "it looks like mine" is not going to work in court. I would cease and desist all contact with her and if she keeps harassing you, report her.