Tuesday, May 08, 2012

BIG COMPANY COPIES ME AND TELLS ME TOO BAD


ON the weekend I was sent a lovely convo from someone who had bought my Hangry cushion in the past telling me that someone was copying my design and selling it as a wooden sign. It had EXACTLY the same lay out and wording. I contacted this Etsy seller and she removed it and apologised- which was the desired outcome.

Unfortunately a LARGE overseas company who has copied my design refuses to do anything about it because I don't have copyright. They said they are not the same. 
I actually think they are the same.

This is my cushion, that has been sold online since October 2011




This is the cushion that is a copy:

the bit after hangry says: [hang-gree] adjective, gri-er-gri-est


What do you think? Are the cushions the same? Or am I imagining things.... 


***Thank you to Cam  and the other Twitter buddies for the helpful links about Intellectual Property and Copyright and the words of support.  ***









34 comments:

  1. Well, their intention was to copy your idea - so they used a different font, big deal. They have copied words, the intent, the big idea, and the format of the product. To me, I woudl say that is an infringement on your IP. But I"m not a lawyer. And they are a large company that obviously has lawyers who will argue the fine line that they are treading. With all their money, they should hire someone with an original idea.

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  2. they are big bad copiers... and their cushion looks rubbish next to yours! Brooke is right - they really should invest their money and energy in new ideas... xo

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  3. Yep, I would call it a copy of your idea - poo heads!

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  4. I think they copied!! & I agree with Catherine, yours looks 100x better! xo Beck

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  5. Very badly copied, I agree. Unfair!
    :(

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  6. Nope ! you're not imagining things, it's a bad fat horrible copy, that looks like crap compared to yours.
    URRRRGHHHHHHHHHHH!!!! xo

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  7. If it's any consolation, yours is far better.

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  8. They stole the idea and then made it their own.

    Thing is, even though they tried, yours is still so much nicer.

    Let it go, take it as a compliment, happens way too much.

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  9. Whoever said imitation is the sincerest form of flattery wasn't a small business owner trying to make a living in spite of big bad companies :(
    Have to concur with everybody else-yours is waaaaay nicer.

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  10. They are certainly not the same. Their's is horrible to look at whilst yours fully embraces the present feel in decor. But yep I can see that they were doing their best to copy you. Too bad they lack style. Cherrie

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  11. Although they are not identical, it is definately a copy. They are arseholes and yours is way better.

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  12. Yup, it's a copy, but I have to say, yours is sooo much nicer.

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  13. Hi Cath - I'm so sorry this happened to you! You really don't need all this right now. Of course they copied you, whatever they are saying.
    I read about a similar case a while ago and looked it up for you; it's here:
    http://www.regretsy.com/2012/01/24/hm-is-awesome/
    Maybe you could tell them about what happened to you?
    Good luck & best wishes,
    Linda

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  14. Scumbags!! That is so a copy.
    But yours is still way nicer.
    Good luck battling, if you have the energy to do so :(

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  15. They are SIMILAR but they are not identical, and who's to say they did not come up with the idea entirely independently? And I am a lawyer!

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  16. AAARGH! Sorry Chook. When you sent me that email I was picking up a kinder kid - and these days, if I don't attend to something straight away, I forget.

    I do know enough to know that you should keep yelling loudly. And there might be some consolation for you if you post here:

    http://youthoughtwewouldntnotice.com/blog3/

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  17. How frustrating for you. Maybe a new cushion is in order, like "I'm original".

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  18. I think it's way too much of a con-incidence to NOT be a copy. Ugh!

    PS - yours is a billion times better

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  19. ARRRRRR, the world!

    You are right to be pissed off.

    And how rude of them to do such an ugly, half-arsed attempt at it too... although it really does make yours shine in comparison.

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  20. The internet can suck really bad. And I know a little about copyright and intellectual property as I teach it at uni... so I know that this kind of thing happens SO much. But there's always going to be argument over who started the dictionary definition layout, who thought up "hangry"... so many things. I like yours WAY better! WAY!

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  21. Oh that's crap Cath! I'm sorry. I would gladly send them an email complaint if you like.

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  22. WHat ever the outcome (oh gosh I hope it does not frey your nerves)... Yours is WAY FAR better. As a big company they have done a shoddy copy job!!! SURELy they could come up with something different...

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  23. Sucks! Big time.
    Really does.
    x

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  24. Name and shame - theirs is UGLY, yours is gorgeous and this is not the first time this has happened!
    I do believe Ink and Spindle had some success with some ripped off tea towels!
    Good luck!
    Jodi

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  25. I came to comment and say that yours is much nicer - but I see I'm just repeating everyone else! They suck.

    And I had to laugh reading all your comments and queries you get on your etsy shop. I had no idea there were people out there like that!!

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  26. I don't think I have anything helpful to add but this: cheeky fuckers.

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  27. Hi Cath,
    Just wanted to let you know my hangry cushion arrived yesterday safe and sound. I am indeed a happy girl. I just read your post and what a bummer...I recently saw a blog sharing your cushion without the source so I of course let her know that it was from My Bearded Pigeon. I think we just need to keep looking out for makers and I guess support them through linking correctly to the makers and by making a purchase when possible. I don't much about the legal stuff but it sucks that ppl blatantly rip off others designs. Best of luck!

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  28. So sorry you've had to go through this honey...yes a big bad copy alright...yours tho is much better...I wonder how you'd go putting a copyright watermark on your items...not an intrusive one but one big enough to maybe make them think twice....
    Take care and be kind to yourself...

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  29. Just FYI....yours is so much better!!!

    What a frustrating thing to have to go through...but your pillow is much more artistic and the phrasing is so much more clever. Keep up the good work!

    xoxo

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  30. OMG!! The bloody cheek of them!! It is so a copy! It's true that yours is so much better but they still should not be allowed to get away with this!!! What are you supposed to do.. copyright every single cushion design you create???? That's ridiculous and they SUCK! So angry about this, particularly because I was made to change the name of my shop and blog and everything for something much less similar. Who are these guys? They need to be told.
    Hope you are okay Cath and haven't got too down about this. Thinking of you.
    Kx

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  31. bloody mongrels!!! i'd be casing them with a bread knife (paring knife would be too kind).

    dont let them get away with it. we're right behind you!

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  32. yours is so much nicer - the buggers x

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  33. Hi, Your is definitely much better, with the original idea and sense for details, but anyway I believe, that it can be horrible for small busines like ours, actually, Yesterday one guy from etsy asked me, if it is ok for me, if he will copy my planter and offer it as well....wow...how is it possible? I think that the best of creating is to use Your own mind, Your own ideas and enjoy it, I can not even imagine, that I will like to do someones else idea and make money of it...terrible...
    You should ask for Your copyrights, sure there should be something...good luck, Michaela

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  34. Hi, Your is definitely much better, with the original idea and sense for details, but anyway I believe, that it can be horrible for small bussines like ours, actually, Yesterday one guy from etsy asked me, if it is ok for me, if he will copy my planter and offer it as well....wow...how is it possible? I think that the best of creating is to use Your own mind, Your own ideas and enjoy it, I can not even imagine, that I will like to do someones else idea and make money of it...terrible...
    You should ask for Your copyrights, sure there should be something...good luck, Michaela

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what a nice person you are- taking the time to comment in this busy hectic world...Thank you!!