ebay..

[jenthelemur]

How do you all deal with the people you get emailing you saying they'll get lawyers and the like involved when you have products that look mildly alike to theirs?!

It is completly coincidental i personally don't spend time looking for people who have items that look slightly simular or use the same wording for my products it'd be time wasted. and i definatly don't copy other peoples listings.

Do you question their copyright or just remove the listing to save the hassle?

Blurgh ebay stinks full of muppets feeling well and truelly disheartened!

[mrs maggot]

there is a post on here about someone who has had theirs copied - is it the same person ??, you could try showing them the differences between yours and theirs, it depends on what they are, if they are of bands/tv, other stuff then they are on the same sticky wicket you are on if they are genuine own designs, then i cannot see where the problem is. you can date all your new design files, i tend to do that, and only ever work on a duplicate copy, so the date on the original one stands.

maybe they copied yours in the first place ??

[jenthelemur]

No no not the same person.
Its not even that exciting a design. We are using the same phrase though - i guess they are in a huff about the phrase. Can this be copyrighted? And how do you do it?
I had a virus on our main computer and everything that was saved and copied over seems to have the dates changed to when the pc was reset big bummer.
To be honest if they'd had been polite and not ASSUMED i'd stolen it and insulted me saying it was a poor copy i wouldn't be mardy!

[Lee]

Maybe you could post an image of both the products for people to see the differences?

[Matt Quinn]

We are using the same phrase though - i guess they are in a huff about the phrase. Can this be copyrighted? And how do you do it?

From:

http://www.ipo.gov.uk/types/copy/c-appl ... terary.htm

[COLOR="navy]"Copyright applies to original written works such as novels, newspaper articles, lyrics for songs, instruction manuals and so on. These are known as literary works.

"There is no copyright in a name, title, slogan or phrase. But these may be eligible for registration as a trade mark, or a common-law action to prevent passing-off may give protection for unregistered trade marks. However, logos may be protected under copyright as artistic works and many trade marks may therefore also be copyright works."[/COLOR]

Copyright subsists (i.e. it's there as a consequence of something else existing - just as your left hand is there as a consequence of the rest of your body exisiting) in any eligable creative work as soon as it is recorded in tangible form...

So as soon as a creative work is created, the person who created has copyright over it... There IS no registration process; however, if challenged, you may have to prove that you are indeed the originator... And having an indesputable record of what you created and when is an essential step in protecting your copyright...

Phrases are (perhaps) one thing... Designs are quite something else; and it's possible for something very derivative of a copyright work to be in breach.

[mrs maggot]

we do slogan tees all the time, i get p*ssed off when someone takes one of mine, and i have used generic ones of which there are 1000's - most of them get changed over time. at the moment we have a very popular one, just waiting for that to get taken - as it will

get in the habit of making a CD of designs every month - perhaps when you do your bookwork or back up other stuff on your PC - that will help protect the dates on your designs

[jenthelemur]

thanks guys.. i will start backing up properly i learnt the hard way after losing the pc and the external drive.
Maybe i'm too laid back but i don't see the need for all the hostility. We always have a note to say that all our designs are as far as we know our own but who can be 101% that my picture of a frog doesn't look like their frog.. it may even be the same lil fella!!

[Matt Quinn]

Well... Playing Devil's advocate somewhat...

We always have a note to say that all our designs are as far as we know our own but who can be 101% that my picture of a frog doesn't look like their frog.. it may even be the same lil fella!!

...You either drew, photographed or othewise created the image from scratch or you didn't. If your image is a composite of, or derived from other works, you either paid for them (and have the legal rights to use them) or you didn't (and you don't!).

IF your overall design is similar enough to somone else's so as to be easily confused with it then it's a case of whoever created it first may well have the rights to it - For copyright to subsist your work needs to be original - Have a look at this famous case to see where mere 'similarity' can lead you...

http://www.benedict.com/Audio/harrison/harrison.aspx

The money in any creative work is in the IP (Intelectual Property). Fact is that as the artefact (Mug, Poster, CD record or whatever) becomes easier to produce it becomes less financially relevant... It's the right to produce that artefact which is of value; and which, therefore, you can expect to be defended vigorously...

It's a serious game at any level...

In the retail world many stores, as a matter of policy, prosecute ALL shoplifters... From the professionals taking thousands a week to the 12-year-old who gets caught nicking a packet of biscuits for a dare... Even the forgetful housewife who absent-mindedly shoves a pair of glves she hasn't paid for into her pocket... The store catches them out; they call the cops and the legal system sorts out the wheat from the chaff...

And you can generally expect this sort of 'hardball' attitude just as much from your local mini-market as you might from Harrods...

Again; understand please that I'm playing Devil's Advocate but so far we know nothing of the other side of this story... Of what exact allegations were made; and what is actually being questioned...

...Why all the aggression? We can't be sure of course; but maybe the individual is simply defending the means by which they put shoes on their kid's feet? - Or new tyres on their Farrari! Either way; expect rights owners to become more and more aggressive as the years roll on.

Of course they could just be trying it on! :rolleyes:

[Jason]

If you have created a unique design, you can print off hard copies and send them to yourself via registered post, (don't open the letter when you receive it) this will be dated and can be used to prove its your design

[jenthelemur]

haha to the ferrari..

we'll be lucky to afford a model one at this rate
ebay is just one big expensive headache