Inspiration or plagiarism: need an advice!

[pardes]

Hi everybody!
My name is Lana and about 5 years ago I opened a shop, Pardes, with my own handmade jewelry on Etsy. It's a very successful shop. My jewelry has many fans and the style is recognized and loved by many. My jewelry is sold not only on Etsy but also in offline shops all over Israel and other countries.
A few days ago my friend sent me a link to this necklace.
I went to look at it and I'm still in deep confusion since then.
I began to compare the Anthropologie's necklace and mine only to realize how similar they were. The number and shape of beads between the connectors, the type and quantity of connectors (four), type of cords (round and braided leather), and the form of stones - everything reminds me of one of my jewelry. I came up with the design and it appeared in my store in the summer of 2014. If you look at my other jewelry such design is the basic principle of my necklaces. Only minor changes have been made to the necklace making it barely different from mine.
I have added two files to hear your opinion. I loved Anthropologie and their style. I have always been very impressed with the fact that they support small businesses, but I am totally disappointed with what happened to me. I'm at a loss.
This is the first time I had to face such problem and therefore came here and am looking for help and advice from the Etsy community. I don't know what to do and am asking for your advises and help.

Sorry! I cannot insert a picture and attach a link to a blog post
http://pardes.me/blog/inspiration-or-plagiarism-need-an-advice

Thank you all!

[ForestsOfWildflowers]

If I am being honest, I don't see enough to believe they have seen your work and recreated it. Sometimes I think I have had a great original idea with one of my pieces and then I will find 3 others that are stylistically similar, when you are in the same field as some one there is bound to be similarity in some works.
I have read in a few of the forums that you can patent a design, I don't know how true it is but if it is something of great concern to you perhaps look into it.
Thanks
Paige

[MariasWorkshop]

I, on the other hand, see the similarity, but do not have any advice to offer.

[StuckOnSilver]

Lanita, I am sorry you are so upset.

IMO there are lots of similarities but there are lots of differences, too.

I don't think the similarities rise to the level of plagiarism.

Continue to make your beautiful jewelry and put this behind you.

[mirrymirry]

Wow!
Well apart from the three hanging stones they're identical in my eyes.
Can't be a coincidence surely.
So sorry this happened, not sure what you can do. I read this happened to someone else & they went to court ( with an equally big company) & won. But the costs would be high.
Have you contacted anthropology?

[BeadClearanceDepot]

To me, it looks like they copied your design. Unfortunately, I don't think you have any recourse unless you have copyrighted legally the design in question. Putting things on Pinterest leaves you wide open for "copycats". Unfortunately, it's the nature of the jewelry business. Like someone else said, you just have to "move on" and look into getting your designs copyrighted in the future.

[WindDancerStudios]

I think it's more of a case of being influenced by the same things. I used to have a necklace that looked pretty similar back in the 80s. The triple strand is pretty popular right now as is using leather. It's possible they've seen your work and liked the look of the leather combo you used, it's also possible they haven't. I do know how you feel and I am so sorry you're going through this but I don't think there is enough similarity to claim copy right infringement. The materials they used give it a different overall look more earthy boho than the Labradorite you used. Again I'm so sorry you're dealing with this.

[Former_Member]

I am sorry that you are having to deal with this issue. Your jewelry is beautiful. I see similarities in the style but don't know to what extent you would want to pursue in taking them to court. I think there will always be copycats and similarities in styles in the jewelry business. Trends change and with it styles change. It sounds as though your business is very successful. I would suggest enjoying your success and continue to move forward. Have a great day!

[Former_Member]

I do see similarities, but whether they copied your design or not, I cannot say. Echoing what was said above, sometimes I think I have an original idea, but find it's not as original as I thought. A long time ago I made a jewelry series called "painting the roses red" which was white roses with red paint flecks. Soon after, I saw an artist I followed doing the same thing, and I always wondered if they copied me, but, in the end, it doesn't really matter.

[fishcouple]

To me, they do have similarities and I am sorry that happened to you...

Yes, it's tricky. I had a banner shape and design that I thought I started it first because I've never seen anyone doing that before, it was favored by many but after a while, I felt it's all over... Everyone is "inspired" a bit by someone or other designers ... I just move on. Sometimes, I try to write in the description that it's my "original design" and you can't find it any where... Hopefully it will prevent others from copying but can't totally stop them.

I recently learned how to block my sales items to be seen by others and hopefully it won't give out much information on my popular items ...

[WilliamsGiftshop]

Unfortunately, this is the side effect of selling online.
Exposure means you will inspire others.
And sometimes the both of you might be inspired by others.
Unless you make something completely original (so, not a necklace), there is nothing you can do about it. Just move on and continue to make your own designs. You said they sell well.

[DarylArtDigital]

One thing you may like to do (not sure if you have the design patented?) is hire a lawyer in the field/industry and get together some paperwork claiming your ownership of the design, just in case someone from Anthropologie tries to do something about it. I've heard some horror stories of ideas being stolen and the thief trying to blame the original (though I don't think they'd do that to you. I'm just really paranoid).

[WilliamsGiftshop]

A lawyer won't help. You cannot copyright a necklace design.