My design was copied, how do I handle it?

[Former_Member]

I just started selling on Etsy less than a month ago, at the time I made sure no one has similar items as mine.

This morning I was working on SEO and went to check my result by searching for my own items. Before I found my own listing I found a very similar item! It's using same material, very similar shape, the only difference is that it's hanging at a different spot! It made my stomach churn!

What should I do? Do I contact the other seller politely? If so, what should I say?

I'm aware that this happens a lot, maybe I'm over-reacting because I was new and this was the first time it happened to me. But this definitely ruined my weekend :(

[SewMuchFabric2010]

As London as you are selling on a public venue, sadly things like this will happen. Additionally, I would be very cautious about talking to the person about this. You have no way of knowing how long they have been making this item off etsy. I am so sorry this is causing you distress. You have such a terrific sense of style I know you will come up with many terrific and unique products.
As long...as long...damn you auto correct

[Former_Member]

Michelle, it is too bad that you were (potenitally)copied! I know the feeling.

Unfortunetly, it is near impossible to tell if they were purposefully copying you, and unless one of you have a copyright I don't think you can press the issue.

[aeliosdesign]

Copyright law is quite complicated. Theoretically, as soon as you upload an image of your own unique design to the www it is considered your copyright. Unfortunately, it will take some good lawyers and a lot of money to enforce it...
Good luck with this, and I'm sorry it happened to you.

[Former_Member]

I'm absolutely sure that store does not have that item before (at least not on Etsy) because I actually checked it out before I started… Actually I did a lot of search and prep work before I started, I altered my designs a few times to make sure I'm unique.

I definitely don't want to go the lawyer route.

Would it work if I send a nice polite message?

[QuirkyUniverse]

Did you check to see the date they listed it or if they have sold any in the past and what those dates were? A lot of times it seems like someone is copying you but in reality they may never have seen your shop. A lot of times people have the same ideas.

[Former_Member]

Personally I wouldn't do anything at all.

You really don't know how long the other shop has been in business or how long they have been making their designs.

Your shop has been open a very short period of time, yet people have been making designs from bicycle inner tubes for many years now.

If you really want to pursue the matter, I'd suggest that you contact your attorney.

[PaperWhispers]

I would say that unfortunately you cannot really say whether or not this person copied you. Often an etsy shop is in planning for months before a new item is added. It is also a possibility that this person was planning to introduce a new range.

I would discourage you from emailing the person. My other job aside from my etsy store is as a scientist and my work has actually been stolen/plagiarisied in real life. You need clear evidence to be able to raise a concern. For example you need to prove that they accessed your store and saw your idea.

The best advice I can give you as a designer is not to worry, people will always be able to distinguish a copy from an original. Work hard on introducing new designs and consolidating your brand. Trust me, you will have bigger and better ideas in the future if you do not let your mind be worried by minutiae (and a copycat is minute!).

[Former_Member]

It was not sold before and it was listed recently. I know people have been making designs from bicycle inner tubes for many years now, but I'm the only one with "cute" designs that uses vibrant colors and animals -- while others all look edgy/urban.

I don't have an attorney and I can't afford one. I was planning on send a nice note saying something like …. hmmm I really don't know how to word it… ugh

[PaperWhispers]

Michelle I can only say that your note will never look nice no matter how you phrase it. Not many people will be receptive to an insinuation that they are copying a design. Unless you have concrete proof, leave it alone, monitor the shop, record incidents and build that proof. If you did not work with that person personally, you have no way of knowing what ideas they were thinking up.

Of course it is your decision to do whatever you wish to do, I am only replying to this for the second and final time to tell you, I have walked in your shoes and believe me it is a bad idea to email the girl with what could be at best described as weak circumstantial evidence.

[Former_Member]

I also agree that there isn't a way to know how long someone has been making their items, and that you shouldn't contact them. There are many artists out there that have similar ideas and may use the same materials, but each maker is unique in their end results.
I know that many artists take a similar idea and create similar items to mine. But, I'm confident in the fact that the quality doesn't compare to mine. I have also found someone who makes almost the exact same headbands as I do. Unfortunately, she put hers on Etsy first. I'm okay with that, I've been lazy with posting new items, and I still plan to put mine in my shop. I faved her shop because I really like her items, and her use of materials.
I don't view her shop as competition, and I don't think you should view this person as a threat. You make great items, and customers will see that. If you make cute and colorful while other shops make edgy and urban, I think that people who want fun bike tire earrings will come to you!
I wish you the best Michelle, and don't let this discourage you! They may have never even seen your shop ;)

[Plektra]

Michelle, you've got a cute shop! Really nice things...

I would say continue with your original ideas, stick to your own product line so you show that this is what you do.....

The other lady might have not seen your shop at all. Buyers might prefer you. You never know.

Definitely monitor that shop and see if it happens again. If you see a pattern, then you might be able to do something.

Also check on the internet to see if your product shows anywhere else...take some time off and let this sink and see how you feel later. I agree, if you bring it to her attention it might be worse...

[CCreativeVisions]

This has never happened to me but I would take as a compliment that someone thinks what you are creating is worth copying.
I personally gather inspiration from every where I go, on Esty or in the department store.

[aliciawatkins]

It's extremely frustrating -- it doesn't feel like a compliment -- and particularly so when you're a small business and your original ideas are stolen by a larger business...one that can afford to defend their "copyright."

But on Etsy, I think we're at least able to play on a more level field with each other. Why was that other design farther up than yours in the search list -- recency? Is there any way you can make it clear to potential buyers that your is the better product? If the demand isn't there, they'll stop copying your item (if that's what's happening)...and in my experience, a lot of copiers aren't making as high quality an item as the person who originated the idea.

But other than that, I'm not sure if there's anything you can do, unless you can show proof of copyright and want to file a claim with Etsy.

[Former_Member]

I have run into this as well - the descriptions and names of my pieces have also been used. Which is how I know I have been copied. My words, my copy, my names, my description.

It is definitely disheartening and upsetting. However, I don't know how much you can do unless you have a lawyer. I am student and am not in a situation to really do much about it....

[WintergreenDesign]

I'm sorry that has happened to you... I have had/do have some one that watches my shop and soon after I post something with in weeks they have something "similar"... it's rather infuriating. I don't have any advice but just wanted to offer my empathy... it sucks : (

[PiecesofMeCardsnMore]

Christa, if it makes you feel any better, that other shop is currently charging $32.75 to ship one item from the U.S. to the U.S. ;-)

Me thinks someone made a typo. Karma's a biatch.

[WebAndRock]

From the other perspective... I listed a holiday item before Christmas, then looked for it in search to see where it would pop up.. Lo and behold, there was a VERY similar item, photo and everything, listed a couple of days before mine. She could have thought I was copying her. Fortunately the item is something that would take about a week to produce, so I think I was safe, but, just wanted to say, it really could be an innocent coincidence.

[OneFunDay]

Elizabeth, I concur...Same thing happened to me. I searched to see where my bow would pop up and found one incredibly similiar. I didn't check dates, but worried that the other shop would think I copied them, when I absolutely did not! So many people are working with similar materials and trends being what they are, I think these things are going to happen. I prefer to believe it is a coincidence...makes my life more pleasant.

[1AEON]

At some point, a seller started using our (and other more successful seller's) NAME/S as tags to increase sales (they also sold clothing, just the same stuff as the other stores that they took the names from)!

I found it pathetic, and actually felt sorry for that store, well the person/people in it, behind it. How un-original are you?
Anyways, I told them to take down the tags, and seemingly the other stores did too and he/she/them changed them. sorry if it's off topic, I wasn't try to hijack the convo.

Some other people actually can make the similar item, but didn't figure out the right tag until now. Could be that too...otherwise, annoying if they just copied you, cold hearted.
You need to move on, and make better stuff, better quality, crazier, bigger, more complex or smarter items, that would be harder to follow.
Just an idea:)

[WintergreenDesign]

Lol Judy... Ugh... it's infuriating... everytime I see something (it's 2 things now) it's like a punch to the stomach : /

To the OP... Copy cats are always a step behind because they have to wait for you to be creative : )

[Former_Member]

I would not contact the other shop. They could consider it harrassment and YOU might end up getting in trouble. If you really can't let it slide, then I would contact Etsy about it. Although, I have heard that unless you own the copyright, there really isn't a whole lot they can do either.

[Former_Member]

Also, just so you know, the featured items you have listed are considered "add-ons" and technically not allowed here on Etsy. If you haven't had a chance yet, you should definitely read Etsy's TOUs and Seller's Handbook.

[Former_Member]

I for sure would NOT contact the seller or do anything... Its a big world and unless you are planning on patenting or copyrighting your "unique" design, you are out of luck. I don't understand why you feel like you have the right to claim the design anyway... I understand wanting to have a unique product but in this situation, move on and continue to design, make and market.. Thats where you get to be unique!

[krochetlady]

In my humble opinion.....
It's so hard to hold your tongue and play nice when YOU know for a fact someone has copied your design, or concept.