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.
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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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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...
Friday, August 19, 2011
Website update!
LilMissSweetPeaBoutique.com is almost ready for you to shop. This is a lot of work getting it up and running with all the products and making sure the cart works, etc.
In the mean time, all our items will be posted as a catalog so you can see sold and available items. Maybe you will want to order one that you see on www.facebook.com/LilMissSweetPeaBoutique.com which may have already been sold . It you like an item I can send an invoice through paypal and will ship out the next business day.
We have lots of cute LACE ROMPERS available with a matching headband - Only $20.00 and $25 with the headband. Most of these sell on other sites for over $30.00 without the matching headband.
Lil Miss Sweet Pea Boutique wants all the little princesses to be 'divas' and have some adorable photoshoots for mom and daddy to keep to remember how tiny their little angel was!
We make custom orders ...... :) Here is a custom headband to match a red romper for a birthday photo with a lady bug theme! Elastic is glitter elastic and we included feathers and netting with a beautiful red rose!
In the mean time, all our items will be posted as a catalog so you can see sold and available items. Maybe you will want to order one that you see on www.facebook.com/LilMissSweetPeaBoutique.com which may have already been sold . It you like an item I can send an invoice through paypal and will ship out the next business day.
We have lots of cute LACE ROMPERS available with a matching headband - Only $20.00 and $25 with the headband. Most of these sell on other sites for over $30.00 without the matching headband.
Lil Miss Sweet Pea Boutique wants all the little princesses to be 'divas' and have some adorable photoshoots for mom and daddy to keep to remember how tiny their little angel was!
We make custom orders ...... :) Here is a custom headband to match a red romper for a birthday photo with a lady bug theme! Elastic is glitter elastic and we included feathers and netting with a beautiful red rose!
Sunday, August 14, 2011
Our Zulily Sale is Coming Soon
On September 1st, Lil Miss Sweet Pea Boutique will be selling on www.Zulily.com for the first time. I am really excited that they chose me to be a vendor. My boutique will have items on this site for 3 days starting at 9:00 AM on Thursday morning, 9/1.
I have created lots of new, never before sold on my site, items so please make sure to check them out. Here is a sample of one of the items modeled by my darling grand daughter 'Jayda'.
I will remind every of the date as it gets closer!
I have created lots of new, never before sold on my site, items so please make sure to check them out. Here is a sample of one of the items modeled by my darling grand daughter 'Jayda'.
I will remind every of the date as it gets closer!
Wednesday, August 10, 2011
Once Upon A Dream Photography: Once Upon A Dream Photography's 3K Fan Giveaway!!!...
Once Upon A Dream Photography: Once Upon A Dream Photography's 3K Fan Giveaway!!!...: "Yay!!!!! WELCOME TO MY 3K (well OVER 3K) Fan Giveaway!!!!! I am so happy to be able to do this. This October will be 3 years of my studio..."
Monday, August 8, 2011
Our new website
We are in the process of uploading our items to our new website www.LilMissSweetPeaBoutique.com where you will be able to shop and pay with a secure cart. The best part about this website is that it will keep our inventory so we will not have to keep uploading and deleting photos like on Facebook.
We will show photos of all the items we have created, since we opened in May, on Facebook so you can contact us if you see something you like that does not show on the inventory of our new website.
We would like to thank Angela at http://boutiquewebdesigns.com/ for her help with this site. We chose one of her template sites and she is customizing it to match my colors, etc. Her prices are reasonable and she has many choices. You can contact her on her site for information. I told her what my business consisted of and she told me which site was the cheapest and best for me and also connected my site to a cart system for payments.
Visit our site and watch it grow. Hopefully we will be fully operational in the next couple weeks.
We will have photos of our new items including Lace Rompers!
We will show photos of all the items we have created, since we opened in May, on Facebook so you can contact us if you see something you like that does not show on the inventory of our new website.
We would like to thank Angela at http://boutiquewebdesigns.com/ for her help with this site. We chose one of her template sites and she is customizing it to match my colors, etc. Her prices are reasonable and she has many choices. You can contact her on her site for information. I told her what my business consisted of and she told me which site was the cheapest and best for me and also connected my site to a cart system for payments.
Visit our site and watch it grow. Hopefully we will be fully operational in the next couple weeks.
We will have photos of our new items including Lace Rompers!
Monday, July 18, 2011
Busy - Busy - Busy
I am overwhelmed with all the stuff to I have to do, but I am excited to announce I have been accepted to sell my adorable headbands on Zulily.com. I will post the date that my sale will be online when the date is confirmed. I am ready to take on this challenge.
I also have my own personal website under construction. www.LilMissSweetPeaBoutique.com. It should be up and running this week.
I am have agreed to be a sponsor with http://www.facebook.com/SweetSnapshotsModels. I will be providing headbands for the modesl for their photo shoots. I look forward to working with them.
http://www.facebook.com/photographybyhannah has agreed to partner with me and provide me photos of little divas in my headbands.
Business is good, and I want to thank everyone for your support. Remember, I also take custom orders and am currently working on two fall weddings.
I also have my own personal website under construction. www.LilMissSweetPeaBoutique.com. It should be up and running this week.
I am have agreed to be a sponsor with http://www.facebook.com/SweetSnapshotsModels. I will be providing headbands for the modesl for their photo shoots. I look forward to working with them.
http://www.facebook.com/photographybyhannah has agreed to partner with me and provide me photos of little divas in my headbands.
Business is good, and I want to thank everyone for your support. Remember, I also take custom orders and am currently working on two fall weddings.
Wednesday, July 6, 2011
Look for me on Zulily.com
GREAT NEWS! I will be pretty busy for the next couple months, I need to have an inventory of at least 500 items for an online consignment company. They loved my assortment of items and are awaiting my call that I have my items ready to ship. I see a lot of weekends making headbands and clips, and thankfully I have awesome friends who have offered to help!
God is good! This looks like a great partnership starting up with this company. Who knows, maybe one day you can say "I knew her when!"
Be sure to stop by my new web store: http://www.zibbet.com/LilMissSweetPeaBoutique
Soon all my items will be uploaded here.
God is good! This looks like a great partnership starting up with this company. Who knows, maybe one day you can say "I knew her when!"
Be sure to stop by my new web store: http://www.zibbet.com/LilMissSweetPeaBoutique
Soon all my items will be uploaded here.
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