Monday, March 24, 2008

WRONGFUL Termination of product.

I generally would NEVER post anything like this as it is a bit personal but I am SO STEAMED!!!! I just received this letter from Etsy...

Dear Mikiye:

EDIT:
ETSY E-mailed me and requested that I REMOVE the e-mail they sent me from this post. As it infringes on their confidentiality clause.


You HAVE GOT TO BE KIDDING ME?!!!
This is the MOST RIDICULOUS things I have ever read!
COME ON?!?!!!!
Honestly, I wrote them back stating that this is a GENERIC WEDDING FLOWER DESIGN! You can't go to any wedding hair accessory site and NOT find flowers with crystals and or pearls in the centers! I told them I have had SO MANY requests for these from clients that I decided to finally make some. Besides, I have NEVER complained when I see other merchandise that is similar to mine...(and I have seen some pretty close ones) But EVERYONE knows that EVERYTHING IN FASHION has ALREADY BEEN DONE and now it's the matter of designers to take their inspiration and create their own versions. Look at every top designer in Paris, London et cetera, similar designs can be found in Target 8 months down the road! LOL! Seriously, I can't help it if I make a superior product that obviously competes with their business. I feel as if they specifically picked me to make example of. I have known for MONTHS that they have a HUGE MASS PRODUCING EBAY STORE http://stores.ebay.com/Butterfly-Enchantress-Designs that I never complained about to Etsy...even though I had a few customers ask me about the Etsy legitimacy about selling mass produced items. I personally told them to write to Etsy if they felt there was something off...I didn't think they would take me serious being a competitor. Honestly, I work FULL TIME on my shop and making my designs...sometimes 10-14 hours in a day. I have got to tell you, as much as I hustle when the inspiration strikes, I NEVER have been able to make THAT MUCH MERCHANDISE! Especially since their profile makes it sound as if only 2 of them are creating everything! I once did an Internet search and I found an awful LOT of SIMILAR looking merchandise that could be purchased straight from China...I'm NOT stating this is what they are doing since I will never know and would never make false accusations, however, you must admit, that's A LOT OF MERCHANDISE from April 2002 (when they opened their EBAY store) to have made and sold by ONLY the wife...and maybe Husband.
I also told them that anyone can basically go to a craft shop and buy this flower and all the same supplies and simply make their own. It really is that simple. I know for a fact that they DO NOT HAND MAKE each FLOWER as I purchase the same item pre-made from a shop. I KNOW HAND MADE petals when I see them! I have seen a few sellers that claim they HAND MAKE the flowers when I can tell they don't. I have never stated that I make the actual "flower" by hand since I do NOT.
I have NEVER had this happen before so my apologies for venting a bit.
I certainly would like any advice if any one has any to give.
I wrote them back giving them some of the information here and I guess I'll just have to see what Etsy says. Personally, I think they should be removed because it's obvious to me they are MASS SELLING. You can merely take a look at their Ebay account...that's just a crazy amount of merchandise to be made by 2 people.
I think it's the consumers that should be able to make their own decisions. If they want a superior product that is more expensive then they will buy mine. If they like theirs they will purchase from their shop. Simple as that.
Otherwise, Every person that makes a long knitted scarf is copying, or a pair of single pearls earrings on Sterling silver hooks is copying, or making chocolate brownies is copying according to them! I said, " If this was a matter of a drawing, illustration an invention, I ABSOLUTLEY understand, however, this is a GENERIC flower that anyone can go to a craft store and purchase, GENERIC freshwater white pearls, and Swarovski crystals and string them with Sterling Silver wire. "

This is a whole new world of business for me.
Thanks for letting me vent.

PLEASE let me know what you think?!

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17 comments:

Rochelle Gonzales said...

Have you looked at their website? They claim to handmake ALL of their flowers, when clearly you can purchase them at Michaels. I agree, their Etsy account should be pulled.

What Is Not Protected by Copyright?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Rochelle Gonzales said...

There are two people under the Butterfly account who have copyrighted....

Thuy-Linh Dinh-Truong & Christopher Adam Peters

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?SC=Author&SA=Peters%2C%20Christopher%20Adam%2C%201978%2D&PID=13905&BROWSE=1&HC=33&SID=10

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?SC=Author&SA=Dinh%2DTruong%2C%20Thuy%2DLinh%2C%201978%2D&PID=13905&BROWSE=1&HC=28&SID=9

PamperingBeki said...

Oh no!!!

So what exactly is it they're saying you did wrong? Is it the wording? The magnolia/crystal combo? You're right that this is such a common design that there's no way it could be completely protected. Heck *I* make them! Haha!

I'm so sorry you have to deal with this. I do think you should remove their email address from this post, just to help protect them.

If it makes you feel any better, look at the number of sold items compared to the number of feedback received. ;-) Apparently not a lot of people had rave reviews about their product. :)

You keep fighting! If there's anything I can do to help, let me know please!

Mikiye Creations said...

rochelle gonzales,
THANKS FOR THIS VERY insightful comment!

Thank You for this information...I was just beside myself.

I e-mailed my Aunt that is an attorney to see what she might say...I figure she may be able to point me in the right direction of someone that may have the information I need.

Beki,
Yes, they said that my flowers "are similar to their designs" enough that it infringes on their Copyrite of those flowers.

I noticed that too...how they really don't have very much feedback at all!

Rochelle Gonzales said...

P.S. They have a San Diego address as well. Locals!

Tamera Daun said...

I don't get this at all. They say, similar enough? heh? I mean really. It also seems as though they hung themselves up in the descriptive words of the product. But, how else can you describe something? You actually have to describe it....

Some random stranger said...

Copyrighting a flower design. So they think they are putting their own copyright on something nature did first?

Lets get some money together, hire a lawyer and act on behalf of mother nature and sue her for copyright infringment.

Mikiye Creations said...

Unfortunately I jut got a letter back from Etsy that TOTALLY BLEW ME OFF!
I don't even think this Adrian guy even read my letter. He just simply put another link to what he said in the last letter.

Very disappointing.

Michele said...

Wow! I'm sorry this is happening to you.

I can't believe how low some people will stoop. They are obviously intimidated by your product. which by the way is much nicer.

I know nothing about the laws of the matter, but I think you did the right thing by contacting your aunt who's a lawyer. Hopefully she can help you out.

There has to be something you can do, since it's so obvious that you are not stealing their design. You are right you can buy flowers like that the craft stores even I have seen them.

Keep fighting! Do NOT give up, you are NOT in the wrong here.

Rochelle Gonzales said...

A flower from Michaels - NOT handmade. I cannot believe that Etsy is not siding with you! DON"T GIVE UP!

http://image2.etsy.com/il_fullxfull.13574990.jpg

PamperingBeki said...

You are soooo in the right here! I'd still press them on what specifically isn't allowed? White flowers? Only the magnolia style? ALL flower clips with crystals in the center? They had to be specific when creating their copyright.

And then on the other side, make it clear to etsy that this company is breaking etsy rules by misrepresenting their items as completely handmade when they're obviously not!!

Rochelle Gonzales said...

If Butterfly Entrantress is "claiming" that they have the copyright on all of their flower designs, that means that no NOBODY else can sell it. That goes for any craft store, any other Ebay store (which there are PLENTY of other sellers on there that sell the EXACT same thing). They are a floral sweatshop and they do not make those items handmade. What a lie.

Their stuff is crap anyways. You're right about the feedback. A LOT of people have not even left feedback. I *wonder* why.

Keep us posted Mikiye!

Rochelle Gonzales said...
This comment has been removed by the author.
Mikiye Creations said...

Thanks EVERYONE for the positive feedback!

I am going to send Etsy another e-mail a "counter notice" about this issue.
I hope I get a better response then the last one I sent which simply referred me to their "Etsy’s Copyright and
Intellectual Property Policy "
Woo, that was a great response to my letter...

I'll keep you all posted.

Tristan said...

Hi,

I saw your blog and found this whole copyright thing is ridiculous.

I actually went on the Copyrighted website provided by Rochell Gonzales and found no copyright entitlement on the Magnolia clip.

Beadiful Things said...

I had to read this far back in your blog to find out who you were talking about but I KNEW that was who you were talking about before I even got here!

Who's buying the story that this is a husband and wife team working on hair jewelry as "therapy" after a car accident? I am not. There's a lot about this shop that indicates mass production and possibly even drop shipping from elsewhere. I find it curious that they don't list a location.

I sincerely hope that buyers are able to see through their shop like I (and a lot of others, apparently) am. And I'm sorry this happened to you. :-(

crystalhairaccessories said...

I totally agree 100%!! I have been making hairpins since 2000 and Butterfly Enchantress Designs just shut down some of my items on EBay! Are items are not even the same! Plus, I think I started making these before them! There are different takes on hair pins using essentially the same products from the craft. I mean come one, there are only a few places to chose from to buy craft supplies. All of my items are made from original ideas. I use mostly silk and ribbon flowers and add pearls and crystals. I also sell mine for less than them which is probably why they have a problem!! They will not email me back or give reasons as to what I am doing wrong.