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.
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