Saturday, April 23, 2016
What exactly does a design patent cover and how far can someone 'stretch' the details of one to report infringement?
USPTO for Patent No. USD749,305S and USD749,304S.
I, along with many other Etsy sellers, sell baby products on Etsy. We are having an issue with another seller who applied for, and got a design patent, for a product that has been sold for years but never patented. (newborn hat as shown above).
She took it up on herself, and brags on social media, how she is reporting all 'copy cats' to Etsy and having the listings taken down. First and foremost, some of these sellers have been making this item for years, some have been in business since the 80's, so who copied whom? Secondly, she is reporting items that are 'similar' so as not to confuse her customers. Unfortunately, as far as I know, that is illegal and straight out lying to get these items removed.
It's sad to see that people can be 'happy' to take down listings of other Etsy sellers because Etsy does not investigate the situation and just removes all reported items, asking us to contact the person who reported 'infringement'. We all know if she's reporting them she is not going to reply to our communication. Many of these sellers are stay at home moms and their business is being affected by this seller who had decided to take this to the extreme.
From my investigations, a design patent means that it must be EXACTLY like her drawing on the patent so items not identical do not infringe.
Can you see the difference here? This is a hat that was removed. The ribbon is ruffle edge, and a different shape to either of the patent drawings, yet Etsy removed it.
All this has done is hurt ALL businesses selling 'hospital style hats', including her store. She has pointed out to customers that China stole what she claims is 'her idea' and produces these at a really cheap cost so many customers now shop in China rather than our Etsy stores.
#Designpatent #whatisinfringement #shouldlookalikesberemoved #etsy #whatisadesignpatent.
3084
USPTO for Patent No. USD749,305S and USD749,304S.
She took it up on herself, and brags on social media, how she is reporting all 'copy cats' to Etsy and having the listings taken down. First and foremost, some of these sellers have been making this item for years, some have been in business since the 80's, so who copied whom? Secondly, she is reporting items that are 'similar' so as not to confuse her customers. Unfortunately, as far as I know, that is illegal and straight out lying to get these items removed.
It's sad to see that people can be 'happy' to take down listings of other Etsy sellers because Etsy does not investigate the situation and just removes all reported items, asking us to contact the person who reported 'infringement'. We all know if she's reporting them she is not going to reply to our communication. Many of these sellers are stay at home moms and their business is being affected by this seller who had decided to take this to the extreme.
From my investigations, a design patent means that it must be EXACTLY like her drawing on the patent so items not identical do not infringe.
Can you see the difference here? This is a hat that was removed. The ribbon is ruffle edge, and a different shape to either of the patent drawings, yet Etsy removed it.
All this has done is hurt ALL businesses selling 'hospital style hats', including her store. She has pointed out to customers that China stole what she claims is 'her idea' and produces these at a really cheap cost so many customers now shop in China rather than our Etsy stores.
#Designpatent #whatisinfringement #shouldlookalikesberemoved #etsy #whatisadesignpatent.
3084
We are an approved vendor on:
*** Zulily.com ***
UPCOMING EVENTS
JULY, 2016
7/19 - 7/22
Click this link to our live event or
be notified when we are on Zulily!!!
We are also a vendor on GroopDealz.com & EleventhAvenue.com
Visit our supply site for supplies to make your own accessories for little princesses with the quality supplies we use for our products.
www.Instagram.com/SweetPeaFan
See our photos of our photo props modeled on newborns. We specialize in Newborn Photo Props.
#newbornphoto #LilMissSweetPea #HairCraftSupply #zulily
Sunday, August 26, 2012
We have been busy!
Do you have a boutique or a mom related store that you would like to advertise? Here is an opportunity to win ad space on a blog written by one of our local Broward County moms!
http://www.perfectlyimperfectmom.com/2012/08/ad-spot-giveaway.html
1) Our www.Totsy.com sale starting on Thursday 8/30
2) Vendor at the Pooches in the Pines fundraiser event 9/7 - 7PM at Walter C Young Middle School in Pembroke Pines
3) Making lots of new romper sets, including holiday and fall colors for our www.KeeKoo.com romper sale 9/14
4) Stop by during August and visit the 'Rockin Babes" section on www.KeeKoo.com to see our current items for sale.)
3) www.zulily.co.uk/ (United Kingdom) event will have its inaugural sale date 9/19
Join our facebook page at www.facebook.com/LilMissSweetPeaBoutique to keep informed of all our events.
We would also like to announce the opening of our supply site www.HairCraftSupply.com where you can purchase supplies like the ones used to make our hair accessories on www.NewbornSweetPea.com and www.LilMissSweetPeaBoutique.com
http://www.perfectlyimperfectmom.com/2012/08/ad-spot-giveaway.html
We on the other hand, have a busy month ahead:
1) Our www.Totsy.com sale starting on Thursday 8/30
2) Vendor at the Pooches in the Pines fundraiser event 9/7 - 7PM at Walter C Young Middle School in Pembroke Pines
3) Making lots of new romper sets, including holiday and fall colors for our www.KeeKoo.com romper sale 9/14
4) Stop by during August and visit the 'Rockin Babes" section on www.KeeKoo.com to see our current items for sale.)
3) www.zulily.co.uk/ (United Kingdom) event will have its inaugural sale date 9/19
Join our facebook page at www.facebook.com/LilMissSweetPeaBoutique to keep informed of all our events.
We would also like to announce the opening of our supply site www.HairCraftSupply.com where you can purchase supplies like the ones used to make our hair accessories on www.NewbornSweetPea.com and www.LilMissSweetPeaBoutique.com
If you have any questions, feel free to message us at LilMissSweetPeaBoutique@gmail.com.
Monday, November 28, 2011
HUGE SALE with over 1,400 items on Zulily
I am almost finished preparing over 1,400 items for sale on the famous website Zulily.com. I want to thanks my friends and family who have glued, sewn an packaged items to help me meet my goal.
They all believe in me and want to see Lil Miss Sweet Pea Boutique be a household name. I am so excited to be working with Zulily.com again. On my first sale I sold over 280 items in the first 5 hours and hope that with the holiday approaching this sale will be awesome too.
I love Zulily! You never know exactly what you'll find—the brands they offer change every day. It's like finding a treasure chest full of cute stuff. Membership is free and I know you'll love it too. If you refer someone to the site and they purchase something, you get a $15.00 credit.
http://www.zulily.com/invite/gcruz994
You can visit my website at www.LilMissSweetPeaBoutique.com to see the items currently for sale.
Please mark your calendars! December 4th, at 9:00 am EST the sale starts. If you sign up now, they will send you an email each morning with the list of new vendors!
Happy Holidays,
Gail
They all believe in me and want to see Lil Miss Sweet Pea Boutique be a household name. I am so excited to be working with Zulily.com again. On my first sale I sold over 280 items in the first 5 hours and hope that with the holiday approaching this sale will be awesome too.
I love Zulily! You never know exactly what you'll find—the brands they offer change every day. It's like finding a treasure chest full of cute stuff. Membership is free and I know you'll love it too. If you refer someone to the site and they purchase something, you get a $15.00 credit.
http://www.zulily.com/invite/gcruz994
You can visit my website at www.LilMissSweetPeaBoutique.com to see the items currently for sale.
Please mark your calendars! December 4th, at 9:00 am EST the sale starts. If you sign up now, they will send you an email each morning with the list of new vendors!
Happy Holidays,
Gail
Saturday, September 3, 2011
Labor Day Sale
To celebrate sales of over 500 hair accessories sold on http://www.zulily.com/search?q=lil+miss+sweet+pea by www.LilMissSweetPeaBoutique.com since Thursday we are having a Labor Day Sale on Monday 9/5!
Any headband or clip purchased on Monday will be eligible for $2.00 off.
Any headband or clip purchased on Monday will be eligible for $2.00 off.
Saturday, August 27, 2011
Nicki Kristof Photography...The Blog: 2K Fan Giveaway!!!
Nicki Kristof Photography...The Blog: 2K Fan Giveaway!!!: *to view the rules larger, just click on the image above*
From Mad Happy : a pair of bows
From Me :O)
a 10x10 "Eva" Organ...
From Mad Happy : a pair of bows
From Me :O)
a 10x10 "Eva" Organ...
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