to think you don't just outright copy someone else's work?

[Shamalamalam]

I make and sell handmade crafty stuff (cushions and bits and pieces like that).

I'll never make my millions, I make some money from it, but I really enjoy sewing and making stuff. Due to our circumstances, I can't work outside the house, so it's really something where I can indulge in my hobby and get paid for it. I don't do anything particularly amazing or ground breaking, but you know, it pays for my addiction to fabric and gives me the perfect excuse to waft around making stuff while ignoring the washing up

A friend has sent me a link to another Facebook page, someone very local to me has started selling handmade craft stuff too. All fine, however, having looked at the page they have totally copied everything I've done.

I'm no design whizz, none of my stuff is particularly original or ground breaking, but I've drawn out the designs myself, made patterns, made the templates, etc, and it honestly looks like they've just printed out my photos off my Facebook page and used them to make templates/patterns - even fabric colours and designs are exactly the same on some of the stuff.

My friend was going to post a comment on this page, but I've asked her not too, I don't want to get involved in a bitch up, but I am exceedingly pissed off about it

I don't mind a bit of healthy competition, but AIBU to think if you want to do something like this, you should at least come up with your own ideas?

On the legal side, it's a tough one (I'm a patent attorney, so IP is my field).

With regard to unregistered trademarks, in order to prove infringement (known as passing off) you have to be well known in your area, and be able to show that people have actually been confused, ie have actually gone to purchase the other person's goods thinking that they are yours.

Unregistered design rights would be your best bet. You own the right to your designs, but you would have to prove that they have copied your work and not just come up with it on their own. However, unregistered design rights don't cover surface decoration, so you would have to take advice as to whether your applique designs would be considered "surface decoration" and not covered, or whether they would be considered "designs" for the purposes of the law.

Many firms (including the one I work for) will give you a half hour free consultation. I would go and speak to someone - look for either an IP solicitor, or patent attorney firm, and see if you legally have any rights. I'm not saying you would have to go the route of enforcing it (which is £££), but if you can reasonably send a letter saying that you may take action, then that's an option and may be sufficient. However, please don't send a letter threatening legal action without taking proper advice - if a threat is considered "unjustified", then the person you have sent the letter to can bring legal action against you. I don't mean to scare you with this, but just to say that sending a letter mentioning legal action isn't something that should be done lightly.

You could send a letter stating that you have noticed her designs are similar/the same as yours and, if she is copying your designs, while you find it flattering you would appreciate it if she would stop as a lot of work goes into creating your designs etc (you could, if you were so inclined, offer to sell her some of your patterns so that she can use them more easily and you get some money for them).

Thank you!

I'm off to do some investigating.

I've never really taken it seriously, and it's never occurred to me that someone might feel the need to copy my stuff as I don't see it as anything particularly ground breaking or amazing, so I've never thought to copyright or register anything which has come back to bite me.

I definitely want to register the bird I think, I use it on my business cards and things like that as well so it's sort of an official mascot and I feel ridiculously precious about it

Thanks again!

Sorry, x-post.

I would guess then that appliqué would be considered surface decoration. There's nothing special about the actual cushion. It's just a cushion.

I've called my insurance company and they're getting back to me

Thanks!

That's great, but I would still suggest talking to someone who knows the field. Getting a trademark registration for the bird may be a really good option, and at least give your "brand" some protection so that people know it's your work and not a rip off.

I think you're quite right not to rise to it; I would think twice about using a business that engaged with rival businesses in a negative way. But it sounds incredibly frustrating.

The good thing is you not only have more integrity, but the other party can't have your talent. I say let your business speak for itself and try to forget about the other one insofar as you can. Do you offer commissions? That's a unique selling point if the other person is copying your designs. Concentrate on your Facebook page/website and ensure it looks gorgeous to lure people (like me) in. I'm sure your superior products will speak for themselves.

YANBU though, obviously. I'm furious on your behalf!

The good thing is you not only have more integrity, but the other party can't have your talent.

But how can customers know this, if the advertised designs are the same?

Glad an actual CPA saw this and that you're interested in protecting your brand. You can find a trade mark attorney here. It will be more expensive than doing it yourself but you'll know you've got the protection you need, rather than guessing and potentially missing the mark.

I am being a bit slow but how can they use your template from a photo. Presumably when they print the photo it is much smaller, so they copy that and then enlarge or something?

They copy the photo and print it larger...?

there are photo webpages where photographs can not be copied - so you then link to those pages from Facebook

smugmug is one such site - it means groups can put up photographs of children then know they can't be copied and pasted

ivykaty you can always screenshot though so it wouldn't help in this case

Thanks!

I'll have a squizz through the list. I'm just waiting for my insurance company to get back to me regarding the legal cover. I might as well use them if I can.

I'll have a look at Smugmug too. Thanks for the suggestion. Another friend of mine is a photographer and she uses something like that for her website to stop people printing off her photos but I hadn't realised you could do it with FB.

Augusta what I think they're doing is copying my photos off FB, cropping/enlarging them, printing them out then cutting the shapes out to use as a template. I've had to do it to one of my own photos when I lost the original paper template. It's a bit fiddly but dead easy to do. I don't have any actual proof I guess, but the stuff is just the same/so similar. There are millions of free templates freely available on the internet, maybe they're just assuming it's OK

I've had one of those sudden realisations that I really should be taking the whole thing a lot more seriously. I've always seen it as a bit of a hobby but I'm really gutted and a bit shocked by this. I hate all the paperwork/business side of it. I grumble a lot before filing my tax return 2 minutes before the deadline. I really should stop pissing about with it. I just enjoy the farting about making pretty things,

Thanks!