What to do about "copy cats"

[#1]

I have been on etsy a couple years. In 2010 I started selling cloth letters, because there was NOT a SINGLE cloth letter out there. Since then, there have been SEVERAL shops that "copy-cat" the cloth letters.
Also, recently I created an "Ultimate Jewelry Organizer". Before I started producing and selling, there was nothing else like them. But, now shops are starting to spring up with very similar products. I have put a copyright on my items, but is there anything more I can do to keep ahold of my original creations? All words of wisdom are much appreciated! Thanks!!

[AprilGetsCrafty]

I dont think that there is much you can do, unfortunately :(

I found my exact necklace the other day on here. They used the same beads, toggle, pendant and everything.

I was so upset! But what can I do? :/

[Former_Member]

I agree with Freeman.

[Former_Member]

What Judy said is also correct. I'm sure other folks do not sell on ETSY or even online for that matter. They may sell locally especially if it's a family business which was originally founded over 20-30 years ago.

I've seen big jewelry display organizers since the 70's where I'm from. Not sure if that person has been given any credit.

[DorothyJanePaperie]

I think you just have to trust in the free market. And, if someone is in direct competition with you, it only benefits the consumer. After coming to terms with someone being 'inspired" by your work, you just need to engage in marketing. How you price, and market your item becomes an integral part of your vision for your shop. It does hurt at first, and it feels like a slap, but we'd all be driving Model T's if innovation and new ways to make exisiting ideas did not occur. You can't eat your heart out over it. I am grateful for the venue Etsy gives me. And competition drives me to push the boundaries of my creativity! It only makes me inspired and driven to think up new designs!

[Former_Member]

I have 2 sets of wine charms in my shop that I thought were so cute and clever (I used letter beads). I thought I'd come up with this unique idea until I listed them and did a search to see where they come up in results. There are at least two, probably more, sellers with similar items. They don't look the same but we all had the same idea. All I could do was laugh. So much for my 'unique' idea.

[MomNMiaDesigns]

Just wanted to chime in and point out that there is a huge difference between a Copyright and a Trademark and a Patent. (Disclaimer: I am not an attorney, just providing general information from my own research and work background as a paralegal).

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and other intellectual works, both published and unpublished. i.e., a pattern or instructions, description and photos of your items can be copyrighted.
You can generically claim copyright, but to have real protection, you need to file a copyright with the Copyright Office at the Library of Congress.

http://www.copyright.gov/

A trademark is a word, name, symbol, etc used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. i.e., McDonalds . . . Disney World . . . USPS . . . etc
Trademark rights can be used to prevent others from using a confusingly similar mark, but NOT to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. The purpose of a trademark is to protect words, phrases and logos.

A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. A patent grants "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States.
This is really the only legal way of preventing someone from "copying" what you think is an original idea or design . . . it is expensive and often a lengthy process to file and be approved for a Patent.

http://www.uspto.gov/

[Former_Member]

I have come to realize that there really is nothing new under the sun! I have dreamt up what I felt was the most original idea in the world and there is always going to be someone that has come up with the very same design. It is totally frustrating, I know...but I agree with Madelyn in that you just have to continue on and make the best product that is out there...if the quality is there, they will flock to your shop!! I'm checking out your stuff now!!

[Former_Member]

my oldest child is 30 and there were cloth letters around then, though not on etsy!

I get annoyed too - but it's best to forget it and concentrate on making your products even more special. Easier said than done though.

[Former_Member]

That's a bummer to feel that someone else has copied you. You have a lovely shop. I agree with many of those above and actually made a set of cloth letters for my daughter before I even heard of etsy. Perhaps some of those "copycats" were making the cloth letters and/or selling elsewhere long before you, but when they saw there was a market forming on etsy, they decided to sell here??

For example, I offer reversible personalized aprons and made my first toddler apron for my daughter a few years back. The kitchen towel around her waist wouldn't cut it anymore, so I developed my own pattern sketched on freezer paper, based on her tiny measurements. It was my own creation, she and I loved it, and I made several more for my nieces. Friends and family said I should sell them and was introduced to etsy. There are LOTS of aprons on etsy. I realize that. Anyone could totally look at my shop and say I was copying another, but I know my items are made using my own creative techniques, based on my own patterns, and many developed out of a personal need or interest. I've been sewing since a little girl and have already found several other items that I've made before that are already sold on etsy--a few that I'm still debating whether I should go ahead and offer them anyway, since our materials are very similar. Maybe it’s bad business, but sometimes I don’t even look to see if one of my new ideas is already offered on etsy because I simply enjoy making what I want to make. I don’t necessarily care what others have. I just do it my way and that’s all that matters to me.

It’s funny, growing up in the 80’s I remember warm spring days playing outside in my oh-so-fashionable fitted stonewash jeans. They had “fashion zippers” up the ankle, but on those warm days I always thought, if only they could zip off into shorts! Fast forward 15 or so years and I’m in college, working in an outdoor outfitter store. Low and behold, Columbia introduces their line of convertible zip-off pants. Now I’m sure Columbia’s designers were not taking notes on my childhood conversations, although a little part of me thought “ugh! If only I had developed a design back then!” …well, afterall, I was only 8. I don’t know who actually came up with the design, as many other big name brands introduced them then too. But I know the feeling.

Sometimes when I see “my” ideas out there I just get a little smile on my face and think “hey, that’s kinda cool…I already thought of that!” However, there’s nothing you can do now. Just be flattered, do your work well, make it unique in your own way, and offer the best service you can. That’s all many of us can do.

[lisalehmanndesigns]

I agree with Meredith...as hard as it is to swallow my pride and continue to make a high end quality product.

a few months ago someone pointed out a shop to me that was looking a lot like mine. today i found in that shop over half the items identical to mine...including tags and titles. it makes me want to scream...but i know my product is much better made - you can see that. so i cling to that. and continue to innovate and move on.

i just will never understand someone who claims to be an "artist" copying another designers ideas. it's very sad :(

[Former_Member]

I made cloth letters for my children that look almost like yours except they're actually copies of the ones my mom made me 35 years ago.

I thought my felt & fabric name crowns were pretty original but after I started selling them I decided to look around to see if anyone else was selling them. Ends up there was ONE person. I would hate to think that she thought I was copying her because I'm not. Luckily she makes hers a little different so they're not the exact same.

It sucks when you think you thought up the most incredible idea & heaps of others have already thought of it. Or when others think of something they thought was the most incredible idea & start selling it not realizing you already were. But it's bound to happen in venue this large.

Not to say there aren't copycats but you can't accuse everyone of being a copycat. Now you just have to find a way to make yours the best & stand out from all the rest!

[GabriellaSTYLE]

some of my products have been not only copied but pictures stolen from my site and posted  and sell under a different name (manufacturer in CH....) without my permission . I thought that we are protected by ETSY when it comes to downloads and copies of original material from listings to the outside. Did this happen to someone else lately ? I heard that this is becoming a trend and want to make other sellers aware of it.

How can we protect our self and our creations ? Thanks!