Is there any rule against copying?

[SugarAndPaint]

I am shocked! I make hand painted clothespins that are all my own designs and ideas. I, just this morning, came across a shop that is also selling hand painted clothespins with my exact designs! I don't have a problem with another shop selling painted clothespins but these are exactly like mine! I sent this person a polite conversation basically saying that her designs are WAY too close to mine and I'd appreciate it if, in the future, she could not use my designs. I hope thats a legal thing to do on Etsy. But, I was wondering if anyone else has had this happen and, if so, what you did about it. Is there any kind of Etsy rule on this??
Liza

[Former_Member]

I'm not really sure what the rules om Etsy are. That's so lame that someone would do that though! In my field there are always going to be things that are similar but once in awhile you get the feeling that some copied if it's a unique product.

[Former_Member]

Oh also, did she say anything back??

[WintergreenDesign]

Liza... that sucks. I have a similar problem with a shop. It makes me insane. As I've said before the thing with copy cats is they are always a step behind because they have to wait for you to be creative. One can only hope that eventually she'll find her own way and stop copying your designs or better yet she will come up with a new design and some one copies her so she can get a taste of her own medicine ; ) The imposters are never better than the original because the love just ins't there : )

In my case I never did contact the person... in order for etsy to intervene it needs to be EXACTLY the same which homemade and handmade things never are...

I'll be interested to hear what happened with the other shop... please keep me posted either through this thread or feel free to send me a convo : )

[SugarAndPaint]

Thanks Andi and Christa for your help and making me just a little less furious! (Grrrrr! )
Andi....I just sent the convo today and she hasn't responded yet.
Christa...you're right about copy cats! This design is hand painted so hers look slightly different just because they are painted but the design is EXACT. (Grrr again!)

I'll let you know if I hear back!

[Former_Member]

I think it's good that you contacted her because she'll probably deny it out of embarassment, but at least she knows that you noticed and will hopefully keep her from copying anything more of yours!

Very cute stuff by the way!

[SugarAndPaint]

Oh, thanks so much Andi!!
Thats what I was thinking...I just wanted to let her know that I have seen what she's up to!!!

[Former_Member]

I search Etsy for Painted Clothespins and come up with 15 pages of listings.

That's a lot of designs,

You can ask they stop selling on Etsy, but it is s a hand craft. and they can still sell it off etsy and you would never know about it.

Can you prove they didn't come up with the design themselves? Is it something like owls that everyone on Etsy makes, just in there own medium because they seem to be popular? .

Even if you think you can prove you came up with the design first, it still doesn't prove they copied you,

If I received the convo and was feeling like I did nothing wrong, I would report YOU to etsy for harassment.

[PotteryLodge]

I wanted to be nosy so I also searched painted clothespin and I went through all 15 pages. I honestly did not see any that looked like yours. Maybe she already took them down?

[CreationsByCarrieD]

@Casi, I did the same thing! I couldn't find anything similar so maybe you are right and she did take the listings down.

As an artist, I always worry about my ideas being an original. So when I finish a drawing and I try to figure out tags and such, I often end up searching out my own item. I am always astonished at just how many people do think alike. It is nuts but of course we are all human beings that are bound to think alike at some point.

I really hope she wasn't copying you because that is sad. There is an endless amount of ideas out there! Endless, so I can't understand why you would skip the fun of finding your own way into an idea.

Like sprywhimsy mentioned, owls are rampant. They are adorable, mysterious and beautiful. Tons of people LOVE owls. I am one of the many. I didn't look up anyone else's owl drawing, painting or artwork when I was drawing my own. The fun part was creating the owl in my own creative flow. I would just think that would just suck the fun out of creating something. Copiers are only robbing themselves of the reward of creating a unique design.

So if she did, hopefully you letting her know you saw it and don't apprecite it too kindly will keep her from continuing and from doing it to someone else. If she gets back to you and says she wasn't copying there is a possibility it was unintentional.

[SugarAndPaint]

Casi and Sprywhimsy, I don't feel I should just say her name but, if you search under "teacher clothespins" you will see my student clothespin design and hers right next to mine. My listing was up in November 2012 and her shop just opened in January of this year, so I know my version was listed on Etsy first. I can't prove, I suppose , that she copied my design but it is almost identical.
Also, I do realize that a lot of other people sell painted clothespins on Etsy and elsewhere and thats fine. But this one, I feel is an exact copy of my design...and its the only thing she is selling! I don't see how this person could not feel that they copied my design. The convo I sent was not harassing of threatening but simply asking that she not duplicate my designs here on Etsy.

[PotteryLodge]

liza- : ) I see it... But she is going to say she is using alphabets and you're using numbers. but anyways I get it, it was defiantly a copy. You should probably delete is thread now. (if you can)

[Former_Member]

Just take it as a compliment that your stuff is so amazing that someone wants to copy. Take pride in knowing that your ideas are original, and keep moving along!!

[Former_Member]

I want to also say that your pictures look much better than hers!

[PiecesofMeCardsnMore]

Wow!

[WilliamsGiftshop]

First: we are not allowed to discuss these things in the public forums. So this thread will be closed soon.

Second: you did the right thing. Politely contacting them is the first thing you want to do. In many cases that is enough and the other seller will take the items down (busted!).
Should they not react at all (give them some time), you might want to contact Etsy.

And no, don't take it as a compliment when someone copies your items...
But yes, just move forward and you'll always stay one step ahead of the sellers that 'get their inspiration from your work'.

[SugarAndPaint]

Thanks for all your comments!
I do take it as a compliment to be copied. Like I said, I don't have any problem at all with this person or anyone else painting clothespins but just that she is selling my designs on clothespins. Hopefully she now knows that I'm aware and she'll come up with some new ideas of her own!

[SugarAndPaint]

Didn't know this kind of thing was not allowed....just really wondering if Etsy has any rules or guidelines on this

[PotteryLodge]

BeaG- imitation is the highest form of flattery... they just should have used them for personal use and not profitable gain.

[Former_Member]

Liza Mayer from SugarAndPaint says
Didn't know this kind of thing was not allowed....just really wondering if Etsy has any rules or guidelines on this
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Right from the "report this post
Post discusses private matters (transaction details, feedback, copying, etc).

[Former_Member]

I just wanted to add in, from a legal point of view, (which is why etsy states this), the item would have to be copied exactly to be protected under copyright, even using a different font, or shade of pink say, would not be infringing your copyright. Sorry this has happened to you and I love your clothes pins as an aside note though!

[Former_Member]

Liza, I think etsy support can help you.
You could provide proof of original design and sold orders.

There's just no justice for authentic designs anymore. So, sorry to read about your situation. Give etsy a jingle.

[Former_Member]

Cute clothespins, but I don't know if those designs could be copyrighted. You can't copyright circles, squares etc., and the little people are essentially stick figures, so you'd have a hard time getting a copyright on them.

Since you don't have a copyright registration, there isn't much you can do.

Since the others aren't exact copies anyway, I doubt if there is anything you can do.

Best regards,

Gary

[CatherineMarissa]

I'm going to play devil's advocate here and say that it's possible she doesn't know she's copying your design. Before your convo, she might not have even known you existed. With all of the pinning to Pinterest without credit, your clothespins could be floating around over there being shared as a craft idea. I looked up "craft show" on there to try to find some display inspiration and there are quite a few boards called "craft show" that are just pinned full of handmade ideas that people can make for their craft shows.

That being said, copying stinks.

[ButterflyFeetDigital]

If the designs are exact copies of your designs and not just similar, report to Etsy.