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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Cheeky, cheeky fucker...

121 replies

OkMaybeNot · 27/10/2018 07:00

I have a small business selling handmade items. It is very, very niche... It's not anything like crochet or

OP posts:
browneyes77 · 28/10/2018 21:20

As someone suggested above, my friend did also contact her and tell her she’s spoken to a solicitor about her blatant plagiarism. It died down a bit after that and she’s been posting and copying less.

3luckystars · 28/10/2018 21:22

Couldnt you write her name as a 'sample' of the text on your page.

Helpmemyhairisterrible · 28/10/2018 21:26

Take a look at Countess Ablaze in Manchester and the Tits Out Collective. By far and away the classiest way to deal with plagiarism.

nearlythesummer · 28/10/2018 23:11

I had something very similar happen to me when I had my own business. All I can say is that if you are really skilled in your craft and she isn’t, then she will no doubt give up sooner than you expect! It happens Es time after time with me.

Megansmumsie · 28/10/2018 23:34

Oh, this makes me so mad and sadly I see it all the time, i'm a trained fine artist, I was a professional photographer for a little bit after uni- I worked bloody hard to get the shots I wanted, the advertising I thought would catch peoples attention and shoots I thought people would be interested (ie new, not your standard shoot) and they were always ripped off but it's the kind of industry where I would expect it. Mostly because everyone who has a camera believes they are a world class photographer! I stopped bothering a long time ago.

I'm so frustrated for you because it sounds like you've worked really hard and obviously what ever you do is great or she wouldn't be so hell bent on copying you. Remember, in the UK whatever you create automatically has copyright. I think my advise would be to approach her about it and tell her how disappointed you are in the fact that she appears to be copying you and all your hard work.

Creatively I genuinely understand the frustration, last year a well known company completely plagiarised the artwork that I had illustrated for my daughter's book, blatantly, I mean I had people messaging me all over the place to ask if we'd seen it and if they'd approached her to use her story. (Think Chris Riddell's issue with the monster under the bed John Lewis advert) My daughter has her own website, she's prevalent on places like twitter, Instagram for what she does, is interested in and we do share her work/ my work (a caption accompanies a picture). It was no mistake and it was pieced together almost scene for scene from the parts that we had shared, I believe that you know how utterly devastating this was to see and all Christmas! We approached the company who had no idea they were so similar, they said it was down to the creative agency they used to create the advert (they had worked with them previously). They denied it of course, said that it was an extension of their previous advertising for the company- it was very different actually.. but they were much bigger than we were and the problem that we would have also faced would have been going through a solicitor/ court and we just couldn't afford to do that despite it being a carbon copy, luckily you are small company and by the sounds of it, she is an amateur 'businesswoman', I reckon contact from yourself and then from a solicitor if she does not take it down might just do the trick. Do let me know how you get on and hopefully, everything will go your way.

acegod · 29/10/2018 00:13

No point moaning if you have no trademarks. If you did you could have taken her for loss of business even if you didn't lose any business.

shearwater · 29/10/2018 03:35

No point moaning if you have no trademarks.

WRONG.

Google, "passing off", Google lawyer.

Itsnotme123 · 29/10/2018 06:59

Report her to Fb. Watermark your photos, write her a letter telling her she’s been reported (even if you don’t). She won’t last, she will find something else to copy. Good luck.

svalentine60 · 29/10/2018 09:01

There are many facebook pages offering this service as gifts etc. Part and parcel of running a business and you just have to ensure you offer a better service and better products. It is odd she is on your friends list but that aside there is nothing to stop her offering the same service in the same large area. it is then up to potential customers to decide who has the best product and price. It is likely you gave her the idea and I can see why you would be peeved but there is nothing to stop her doing it.

prh47bridge · 29/10/2018 10:26

It costs too much to add a copyright when your just a one man band

Not true. Copyright is free and applies automatically.

No point moaning if you have no trademarks

Also not true. Even without a registered trademark you are still protected against people copying your designs or acting in ways that may lead customers to confuse their business with yours.

Without knowing more it is impossible to say whether this woman has breached the OP's copyright or is passing off. But the OP is protected.

gargleblaster · 29/10/2018 15:05

You automatically have design rights if you can prove that your design was there first - so I would insist that she stops copying your work and removes any advertising or you will prosecute - we've stopped a few people who have even been as cheeky as using our images on their websites - without involving solicitors.

OkMaybeNot · 29/10/2018 15:29

Well, I blocked her from my pafe Saturday evening. Woke up to find that she's unfriended me and either blocked me, or taken down her selling page ad Grin

I'm in the middle of redoing my product images as we speak.

I'm past being annoyed at this point. Let her have a go with her printer paper stained with teabags

OP posts:
SalemBlackCat4 · 29/10/2018 15:37

I wonder if she is on here, OP?

Frankswife87 · 29/10/2018 15:40

Op set up an account under another name to see if the CF has actually had the decency to take down the page .

BitOutOfPractice · 29/10/2018 15:44

You don't have to copywrite anything that is your intellectual property. I'd get a solicitor's letter sent off to her if it's really that close a copy

Tistheseason17 · 30/10/2018 15:12

Set up fake FB profile and then when she advertises you post a link with piccie to your better pics and site along the lines of. "yours are nice but I prefer OkMayneNot's better"

Tistheseason17 · 30/10/2018 15:13

And do that EVERYTIME she posts! :)

fridgepants · 30/10/2018 16:50

This reply has been withdrawn

This has been withdrawn by MNHQ at the user's request.

Frankswife87 · 31/10/2018 12:44

@tistheseason17 absolutely love your idea Grin

Tistheseason17 · 31/10/2018 21:56

Thanks @Frankswife87, I might be a little evil! Grin

OkMaybeNot · 01/11/2018 09:30

Not based on any franchise, it's purely my own work and designs.

Had my friend check her page last night, she's taken it all down without a word.

So that's that!

OP posts:
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