OMG I'm so upset

[Chiscrochetcrazy]

Thanks for the info Amy and Rose

 

I honestly don't know what to think. I know anyone who looks at the 2 cannot see a resemblance. As someone else pointed out to me the first pics of Olivia and some still she isn't even pink.I still can go to Etsy and see 3 pages of listing for items that are using the Olivia pic and the name in them. So again I wonder why my pig is being singled out I have listed my pig pattern on my fan page on Facebook for now and she's still available on Ravelry as well.I truly don't understand how a company can just say someone is infringing on their copyright with no proof of them doing that when anyone can look and know it's not a copy. They can't lay claim to all pigs there were cartoon pigs around long before theirs anyway. I'd like to talk to the actual artist and see if he sees a resemblance but since I can't even get the rep for the company who is accusing me to answer my emails I don't see that happening.I'd love to fight it in court I'm pretty darn sure anyone with eyesight would side with me but who wants to go to all the trouble and $ of it. I have more important things to spend my $ on like food, meds and living.

[RoseRed]

And that's exactly why they can get away with it - because little people like us don't have the ability to fight back.

 

They only have 14 days to respond to the notice. I wonder if they would even bother to reply.

[Chiscrochetcrazy]

I doubt they would really if they can't even email me back

[Amy]

Alisha, I would try calling them instead of emailing them.

 

Do you know any attorneys who would be willing to make a phone call to this company's attorney of record on your behalf? Sometimes an attorney will get better response. An attorney might be able to straighten it out for you in just a few minutes. Of course, unless it's a personal friend, they'd probably bill you for a whole hour's worth of time.

[Chiscrochetcrazy]

The only info I got for them was in an email sent by Etsy to me and it only gave me an email addy. I don't know any attorneys personally and haven't needed one for any other reason Thank goodness I'm so frustrated by this is not a huge thing in the scheme of life but to be literally be bullied when I know I'm right is so upsetting

[Amy]

Ask Etsy for the phone number. You could probably also find it by searching for the trademark at the US Patent and Trademark Office: uspto.gov.

 

If you really want the listing back up on Etsy, the only way to do that is to fill out the Notice of Non-Infringement. Then you have to hope the company won't push any further.

[CrochetinMama]

Good Luck Alisha..hug :hug

[babs272]

This is terrible. So sorry for you.

[Chiscrochetcrazy]

Thank you all for your kind words of support

 

Amy I looked last night at what I need to do to get my pattern added back and it sets my up for a lawsuit if I do it. So I guess I'll be rolling over on this. It makes me really sad But I have to accept it as unfair as it is.

[RoseRed]

They have 2 weeks to decide if they want to take it to court. It's highly doubtful that they would.

 

Maybe it would be best to pay an intellectual property attorney for a consultation and that phone call.

 

This is why the companies get away with it. People are scared of the outcome. I don't blame you at all. It's an awful feeling to be where you're at right now.

[Chiscrochetcrazy]

Thanks Rose

[Ellie 13]

I never got to see your pig, but if it's crocheted how could it be like theirs ? Unless you bought the figure and copied it exactly. I vaguely remember seeing a book with a pig like that on it a year or so ago. I never knew the name or that there were more books, TV, figures etc. I think she kind of looks like a snobby female Piglet (Pooh's friend). I made a pig design 8 (or more) years ago. Can I, or any of the owners of other pig characters, claim infringement ?

Ellie 13

[Chiscrochetcrazy]

Ellie below is a pic of my pig. I see no resemblance and even their pig didn't start out pink it was white or grayish. The more I think about it the more I think this was a mistake. I'm thinking some vindictive person just reported me to them and they did not even look at the listing. If they were to look at her they'd have to be blind to confuse the two

[Ellie 13]

Cute! My pig is realistic and sometimes has wings.

Ellie 13