[dishyduds]

I haven't posted in a quite a long time over here but I thought I would share this experience anyways.

So a few months ago, I noticed a gal on ETSY completely ripping off my monster shirts. I've been making and selling these for over 2 years now. One of the first monsters she sold looked IDENTICAL to my "Happy Gus" monster face, although she did trouble herself to invert the teeth. I contacted ETSY and they said "so sorry, hate to see this happen," then asked the seller (ID NissaLisa for those of you who care to check it out) to take down the face that looked identical. She did not. She even adds insult to injury by assigning proper names to her faces, copied the dimensions I use for my "monster blankies" and even copied phrasing from my site. I can't believe that anyone would think this is OK. I let it go and designed a new monster face.

THEN, I get a random e-mail from someone last week, concerned that someone is copying my monster shirts on ETSY. I assured her that I already knew about it, yada yada. Turns out, this is an entirely different person now copying me, in addition to the original copycat. AND, SHE ORDERED MONSTER SHIRTS FROM ME TWICE!

More rancid stuff, the original copycat has received press AND is selling monsters through a shop that I had been going back and forth with for months, for a potential wholesale order. She charges quite a bit less for her shirts (as she should, they look like my 5 year old did the sewing), and I think this is what ultimately appealed to the retailer. I informed the people who gave her press of the situation and they took her stuff down and were really awesome about the whole thing. The retailer, however, has the audacity to claim our "monster shirts are distinctive." The real truth is, she paid about half for the knock-off work and isn't willing to admit that. She's also not been in business long.

I have an attorney involved at this point, sending cease and decist letters. BUT, as I've pondered this over and over, I can't seem to shake my upset with ETSY. I think ETSY is 95% awesome and wonderful, but unless they have a real system in place to deal with obvious knock-offs , aren't they being a bit hypocritical with the community they claim to support?

I would SO LOVE to not give a shoot about this, to be able to brush it aside as if it were nothing to take seriously. And believe that her business is a sham and won't survive under that context. But in this case, it's not as if I can switch things up at all. I can design a new monster face, but it's still the same concept that both of these women are trying to capitalize upon. But sometimes you gotta fight. And for the record, as sad as it sounds, the cease and decist letter coming from another indie biz, doesn't seem to carry much weight.

such a drag.

ETA--I've posted on my blog about this, with photos! Check it out here.

[NexStitch]

She's not going to "get it" until someone opens up an Etsy account called, "NissaMisa" and tries to sell copies of the copies...exactly like hers.

I'm so sorry to hear you're going through this. I can't say I'm a fan of Etsy AT ALL. They don't support the community they profess to love in the manner in which it should be.

[Funky Utopia]

I'm so very sorry you are having to deal with this Jennifer!!! This makes me so angry! :twisted: But I'm glad to hear that you have a lawyer in place to help with this. I know you've spent YEARS developing your idea and perfecting your product. It makes me sick that these people have the gall to literally steal from your livelihood.

I have to agree with your sentiment concerning ETSY. I mean on one hand, it could be a good outlet for those that want to sell items that they craft as a hobby. But on the other, ETSY SHOULD uphold policies and respect the community they advertise to be supporting. Just a bad situation all around.

I'll help spread the word for you, Jennifer. Maybe in the very least a few customers will become educated and think twice before patronizing them and their copy cat products!

[Becky O.]

Cute site. Sorry this happened... I would be knocked of guard, but I'm glad you are not lying down.
I found this on your site:
Images and content copyright @2003-2206 Dishy Duds Designs

Did you really copyright for 203 years? You go girl!

~Becky

[Carrie]

Becky O. said:

Images and content copyright @2003-2206 Dishy Duds Designs

That Jen is one prepared chick! Go get 'em Sweets!

[dishyduds]

2206 up in here....har har. I only WISH I was that organized.

Thanks for the support, ladies! It's good to know I'm not the only one who feels a bit sour with Etsy, and that you gals can commiserate with my situation. It's really too bad this happens and policing it has sucked much time and energy and during the holidays no less!

[OLM]

That's a terrible situation. I'd be pissed to find someone doing that, and even more pissed to find out that Etsy is doing nothing about it. I have a few issues with Etsy... :twisted:

[NexStitch]

If you post items for sale on Etsy, you are agreeing to their terms of use. If you're not comfortable with them, don't put stuff on there. It's the reason why I don't. I've heard too many bad stories about poor or no customer service and complaints like yours where Etsy responds with some bogus sounding answer that's more than uncomfortable. I would define their thinking as being very "Copy Left" as opposed to "Copy Right."

[honeysclerose]

Unless you have trademarked those designs I dont think there is anything even a lawyer can do.

[lucypiggie]

bleagh im home sick today, but despite being ill there is one perk of being able to read all of these SB posts.

nicole from margaret nicole was able to get her lawyer to stop abercrombie and fitch from copying her designs, and her designs weren't trademarked. if you do a search on TSB, there's a whole thread about it with the new york times article attached. my head is throbbing too much to do a search.

and dishy duds, you should have your lawyer go after etsy as well. it's similar to tiffany going after ebay for allowing knock-offs. etsy has a responsibility and if they don't feel that they do, a lawyer might scare them into changing their policies. in fact, perhaps you can gather all the people who've been ripped off to chip in and go after etsy. the root of the problem is not necessarily the rip-off artists, it's the system that's allowing them to do so and get away with it (aka etsy).

[elleb]

Nothing new to add except to say that sucks, and I hope you kick some major butt!

[dishyduds]

lucypiggie, I feel you! After mulling this over (and over), I too am irate with Etsy. And, was also thinking of asking other businesses who've been blatantly affected by copycats on Etsy, if they'd be interested in pursuing this further. Or, we could set up a site called "screwedbyetsy.com" (just kidding-- maybe a more clever but equally insulting name).

My monster designs have copyright protection. The trick about copyrights is they're only as good as the money you're willing to put forth to protect them (unless your attorney agrees to take your case on contingency and only get paid if you get damages).

My attorney sent a letter to Etsy and they haven't responded yet. I'll keep everyone posted and thanks so much for the support yall!

[soapylove]

I don't know anything about trademarks or copyrights, but I do know how it feels to get knocked off on Etsy. All I can say is that it is very comforting when someone sees what's going on and lets you know, and gives you their support.

On the Lush Forum, there was a woman who independently started a thread to call out the offending soap maker and let everyone know how lame it was that she was knocking me off. I didn't even know her!

So that doesn't help how these copycats can hurt our businesses, but since crafting is a tight community, the offenders are branding themselves in a very public way. They'll get theirs!

: )

[Plum and Sage]

I really feel for you. Etsy is a double edged sword. I find the people that "love" them, tend to be people that do business as a craft or a hobby.
I have names of Etsy sellers who ripped me off in the beginning with certain necklaces and pendants that I made...even one going as far as using a similar image and exact name. They didn't even try to hide it.

[AuntieDis]

Wow, all I can say is that really stinks. I know how it feels to be copied, and I totally feel for you!! Good luck with the lawyer! I sure hope the cease and desist letters really work!

[boygirlparty]

i am SO sorry this happened to you! i've had copies of my art and products openly sold on etsy, but on other sites as well, and i feel this is just a promblem rampant in the craft community in general. keep your chin up and know that people respect original ideas when they see them. xoxo

[RoxiDesigns]

hi,

that is so horrible and I'm sorry it happened to you. I have a website but also opened an etsy shop this past summer. Have only sold one item and hearing all this is making me feel uneasy with them. I had to email them before xmas and didn't receive a response for like 2 weeks! In the meantime I figured out the problem myself. I support you and the other indie business' out there and didn't know this was happening. We all need to support eachother and this has got me thinking...as soon as my items expire I am not going to re-list any other items with them. It's too bad they didn't close down the copiers shops!

[dishyduds]

Someone posted this on my friend's blog (and if anyone else wants to spread the word about this, I won't be mad atcha!)

Quote

i actually met with a owner of a nyc store and she had the dishyduds rip-offs there. i made a point to tell her that those ladies were ripping off DishyDuds and that jenn donates to good causes...i don't think she cared. she also carried a ton of other etsy seller wares...some that i asked her about how they were able to license the images they used.
she had a "not my problem" attitude to the shirts plastered with Bowie album covers and head shots of tom waits.
i'm dying for someone to hold Etsy.com accountable for all the illegal image useage and stolen artwork it allows to be sold on it.

NICE.

I've been wondering what might be done to minimize the exhaustion of dealing with copycats for other indie businesses as this happens (the unbelievable amount of time it takes to police, report on, attorney stuff, etc, the negative energy it generates, and the zapping of creativity). Still thinking on that one.

But sadly,I think this is something businesses can expect to face: you create product X, it becomes a success, all is great, but in the meantime be working on product Y. Expect to be copied, period. When the copycats come along, you've already moved onto the next episode and could care less. MUCH easier said than done, especially if you've built your business around said product.

I'm holding Etsy accountable. They should absolutely have procedures in place to address copycats, not just flimsy verbage under the FAQ section that they aren't willing to stand behind.

[yen]

and THIS is a big reason why i think etsy is a huge piece of crap.

[Kitty]

Even eBay has a system in place to deal with counterfeit/rip off items. It's not perfect, and they do have to reply on people to actually report the infractions because they're too big to have people constantly policing every auction, and then there's a process it has to go through, but at least they have a policy and then follow through with it.
I think it's sad that the Etsy culture is so similar to the "bad" parts of Craftster; the "us vs. them" mentality, where those there feel like they can freely copy from the rest of us with no consequences, and with Etsy just shrugging their shoulders, there practically are no consequences. >_<