Rip Off
Oh my goodness. I feel like there is smoke coming out of my ears!
A few weeks ago, a lovely reader of this blog sent me a link to an etsy listing where I found this Matryoshka for sale:
The ‘maker‘ of the item claimed in the description that it was made from her own “original” design.
Hmmm. Does it look familiar? Kind of like this doll I designed for Handmade Magazine that was published early last year (and was published as a stand-alone pattern a few months ago):
The front of the doll is the same, even the detail on the hair and the shape of the eyes. She has simply omitted the cheeks, a patchwork panel or two on the body, the eye spots, and buttons. Her listing shows the back of the doll and it is the same construction as the back of my doll.
So I wrote to her to tell her that it wasn’t her original design. It was my design and would she please stop selling them and claiming that it is her original design.
After a few weeks of no response, she sends me this today:
“Hi,
As stated on my website, and in my etsy store, “Each item we make is competely hand sewn using our original patterns”.
Thank you for your interest.”
As my 3-year-old would say, “ARE YOU FOR REAL?”
Seriously, this has completely peeeeeved me off. As an independent maker/designer, I believe it is important to protect your designs as best as you can - no matter how big (a company) or small (an individual) the person/people ripping you off are. You put a lot of thought, time, and effort in to a design and you bother to write it up so that other people can make it too. And then you get this back-handed thank you. I am fuming.
Please help me here - is it just me who thinks they are one and the same - a complete rip-off? Or am I just going crazy in the head? Is there any way that this is simply just a co-incidence??
I know this is not new. It has happened to me a few times before and thankfully each incident has been settled very quickly and quietly. Unfortunately, Melly (of Melly & Me designs) has a much bigger problem to deal with - a large soft toy maker seems to have taken one of her patterns, tweaked it just a little bit, and mass produced them. Go over here and see for yourself - and please send her your support as well.
These are the kind of things that make you just want to throw in the towel and say, “Why do I even bother?”
Okay, rant over. Off to get a cup of tea and to clear my head. Thanks for listening :-) Hope to be back soon with a much happier post.
no, you are NOT crazy in the head! this is totally ripped from your hardwork. are they still selling them? I can understand there being other matroyshka dolls, that has been around since, well, since I don’t know when, but this is CLEARLY your design. don’t throw in the towel though, the world would not function the same without your work :)
Gosh, that’s terrible! It’s obviously the same design, however poorly executed… I’ve noticed this stuff happening at the markets and on Etsy, and the copies are never anywhere near the quality of the original, bit I guess that’s little comfort. I’m mad for you! I’ll pass on the msg, and I just read the Melly & Me post too… some people!
Your work is fantastic, don’t give up!
You poor thing. I sympathise with your feelings. A girlfriend saw one of her Stitchery kits made up and sold in multiples at a craft market. When she spoke to the co-ordinator, the lady was hostile and said that she “gets similar complaints from craft teachers” and that once people put their designs “out there” what else did they expect.
We were shocked by her attitude.
It is a shame you have to deal with this Jhoanna.
No you are not crazy! And you are being to nice. Name and shame! When will people get it. This is not cool. xox
Don’t back down Jhoanna, your work is of too high a standard to have your designs ripped off and ‘tweaked’ so that people like this woman can attempt make a profit from patterns that aren’t their own.
Good luck with sorting this out, my fingers are crossed extra hard for you knowing the detail and love you put in to your work and how close this design is to my own heart from your previous generosity in accommodating my request for it’s custom order.
How frustrating and to completley deny it too! Still, hers lacks that certain something that yours has and is a poorer quality version-but is so not her own design. Unfortunately these people exist which is such a shame and certainly NOT ok. Please keep bothering-your talent and designs are awesome.Hope the cup of tea helped
Jho, this is so clearly a rip off! Maybe you can report it to etsy? I’m sure the team at etsy would like to maintain a certain standard on their website, although clearly they cannot be expected to police everything that is sold on their site. Perhaps if you let them know what is happening they would do something about it?
Good luck!!
It is so *obviously* your design. I’m gobsmacked by their response to your email!
Fumeing, I would be jumping up and down and saying a few choice words
9if the girls weren’t around!). This is totally your pattern, and this person hasn’t even got the guts to write you a proper email. Good luck sorting it out. Stick to your guns. Maybe send her an email with a link to this post too.
I’m with Bianca, name and shame, so they don’t do it again, and to deter others.
Oh Jho…a big hug for you.
xxx
Hey Jho, so sorry to hear that this wasn’t resolved! I have to agree with Jenny that your original is MUCH better than this rip off. I guess it’s something all creators have to worry about. I’ll be praying for you.
I am so sorry this has happened. Your designs are fantastic and you deserve to be recognized for creating them (not to mention, you are the only one who has the right to sell your dolls). I agree, there is no doubt that this doll is a copy of yours, she clearly traced the eyes/eyelashes and hair, etc.
I think that you should contact Etsy. I’m sure they could check your blog and the magazine and see that you were the first to publish this pattern.
Is there anything we can do to help?
Hi Johanna,
This is definitely a rip off, and not even half as good. leaving out the extra details that make yours so much better does not make it an original. Best of luck sorting this out. Can etsy help?
Oh and don’t let a few opportunists spoil it for you.
I’m so sorry this has happened to you. I wonder if you can alert etsy of this… you should try writing them for sure. It’s totally a copy and a bad one at that!
As a consolation, I doubt that theirs would do anywhere as well as yours, but still… and their response!
I’ve gotten some strange etsy emails in the past, I can’t even sum them up other than, after I read them, they made me think that once that person would get a hold of one of my plushies, they would rip it apart, and trace the pattern and mass produce it. The horror! Have you ever had that feeling?
I’d like to think that cheaters never go far… and that what comes around goes around.
Jhoanna - you are totally in the right. One thing I have often thought with ‘original’ designs is to make sure your tag is on them…they become more valuable and collectable over time that way. That other one is a poor copy - I feel for you, but don’t let it get you down. You’re a standout in a very full crafty world - that alone should keep your chin up! Take care - Vanessa
This is so depressing. It is clearly a rip off of your pattern, although it is very poorly made and not nearly so cute. I’ve been fighting this battle for ages with my scotty dog pattern. It is only a matter of time before their bad Karma will catch up with them.
Sorry this has happened to you - it is quite obviously made from your design. I am really not sure there is much you can do other than contact Etsy. I know Hillary Lang had a simialr problem where an Australian co ripped off one of her designs, but they have stopped producing it now.
Hope you get a resolution.
Jhoanna - this is terrible, I can’t believe what some people will say and do (I’ve had some of the strangest emails). I hope they realise their ‘mistake’ soon.
I agree direct rip off but not half as good. I too would be contacting ETSY.
Jhoanna this woman is delusional if she believes that is her design, it could never happen - no chance it is a coincidence - it is fraudulent behaviour on her behalf.
And hers is not nearly as nice as yours.
I have that edition of handmade and was planning to make one as the centre piece for my daughter’s first birthday, to share your very clever design with others in the wasy it should be shared - with full acknowledgement to the designer.
Thanks all for your kind words of support! I appreciate every single comment ♥ and am relieved to know that I am not going crazy!
Since publishing this post, I have also discovered that this Aussie etsy seller has done the same thing to at least two other well-known American crafters. On both counts, she claimed the design was her own original design. One crafter was able to get the rip-off listing removed and the other crafter - like me - was simply ignored.
I contacted Etsy about this item and am still waiting on a response. Friends have also provided some legal advice. I just can’t believe that this seller has done this previously and doesn’t seem to get the message.
Complete rip off!!! I agree and think that you should contact Etsy — dont know if there is anything they can do though.
Take heart in the fact that it is a poor copy of a beautiful pattern. Maybe you should whip up a few and sell them yourself on Etsy to show what a quality product looks like.
Good luck with it all…
Oh Jho, Downright wrong. I hope you find the ave you to unearth this person for what she is! It is a real shame that someone can turn such a gorgoues and stylish pattern into something that doesn’t even look right - she looks like the morning after a night out on the town (even worse). Keep up the fabulous work and don’t let them get you down - what goes around comes around. Shaz
I would be livid. It’s such a poor imitation too. I am sure the good folk at Etsy will look into it.
Not a coincidence. The hair! She copied the hair! And lots of other small details.
Remember, imitation is the highest form of flattery and she is very cute!
I hope you are able to resolve this issue.
You are so not crazy! I am so angry for you! I say name and shame!
OMG! That is a complete copy! I can only imagine how frustrated you are!
Have to say too, I love your patterns! I made Zing the Cat yesterday from the Meet me at Mike’s book. He’s lovely. Thanks for being an inspiration.
Cherry
ps - where can I purchase a copy of the Babuska Doll - I’d love to make her too.
That is so horrible. You are so generous by giving all that time and effort in creating patterns and allowing them to be printed in magazines for PERSONAL use.
These people obviously have no heart.
The only hope is that she won’t actually sell any because they’re very poor copies of your original wonderful design.
Hi Jhoanna,
Gosh, yes you have clearlly been ripped off… I really feel for you. And what an audacious reply you got too. I feel very disappointed for you honey, and hope that the steam evaporates quickly so that it doesn’t eat away at you. Please don’t throw in the towell - you’re too good at what you do!
Hugs! Vikki xx
ps. Poor Melly too… geesh!
OH MAN!!!This sucks magorly Johanna! So disheartening when you provide such an awesome pattern to the general public and to have it ripped off like that sucks big time! Hope you get a positive resolution without too much hassle
Hi Jho,
You are absolutely NOT crazy - even I can see the blatant similarities! I don’t know how you go about resolving something like this, but I hope it’s not too difficult or emotionally draining, and that you get a positive resolution. Hopefully it wont follow you into your dreams. Best wishes, Anna
All I can say is that YOURS is sooooooooooooo much better!!!
I know how you feel, Jho. I hope the seller never sells a thing and everyone realises that she’s lying about the originality of the design. It’s obviously the same pattern, but SOOOO badly executed… not a patch on yours.
You have copyrighted your designs, yes? If so this is a clear breach if copyright. Use the law to stop her and deter her from doing this again.
That is a knockoff design of your doll. But……it isn’t at all cute. I would never buy it. Your doll on the other hand, is absolutely adorable and I always love to look at your creations. Really the knockoff is very cheap looking with none of the extra original and clever designs that you use.
Melly and Me on the other hand, have a larger problem, because the knockoff of their design is cute. That is how most people make their money, copying other people. That is the world in which we live. I would still buy your doll anytime.
Sorry I hope that didn’t sound rude! Typing one-handed etc and trying to be brief. But wow, I would be so cross if I were you!
Oh Jhoanna - I wish I could offer some wisdom here. People like this must find it hard to sleep at night - surely. How can they pretend that is their own design???
I hope Etsy can help !
Don’t give up Jho, they will never sell anything that badly finished, and then they will move on …….
ditto to all of the above comments… the rip off is really bad!! i wouldnt even give my lop sided doll away and even she looked better than that rip off. your work is so wonderful, how dare she try to make money off your hard work.
keep your chin up you sweet thing.
%*_*% rosey
p.s. my second attempt at your doll is looking really good so it will be in the post soon. still didnt do the base and had no idea how to put the ribbons in but hey at least i gave it a go :)
So sorry to hear your trauma! The etsy girl probably figures she is in the clear because she made her own patterns from the way the object looked in the magazine. Which works for things for yourself, sort of, but you can’t sell them! I was told as a young designer you have to change at least 3 BIG things from an original before you can call it your own. And cheeks don’t count! Your designs are so cute though! hugs!
Wow that is so obviously copied from your doll. I’m shocked.
This issue is a frustration for many talented people, but rest assured this person won’t sell any of these because they appear poorly crafted and definitely not cute- you can copy a design but you can’t copy cute!
Oh no - stand up for yourself Jho - that is a terrible rip off copy & it should not be allowed. You have amazing creations & don’t deserve this.
oh no! I’m sorry you are having such a terrible time, that copy is crap, and blatantly a poor copy, leaving out the attention to detail that is in your design and beutiful workmanship. I’m not a big crafter, I don’t sell much but I have had someone copy a few cards that I made with my little owl doodle, and I really upset me and that was on a minor scale to what you must be feeling now.
Good on you for standing up for yourself and speaking out, as painful as I’m sure it is. Good luck with resolving it.
you ain’t crazy. that’s a rip-off alright. maybe they think the omission of some of your cute details and tilting the face slightly makes it ‘original’. Not so much.
How rude! I can’t believe that people are so blatant. It ruins it for all the people that are genuine and want to enjoy making the pattern. I feel sorry for the shoppers that might come along and believe that it is an original design. I agree with other comments that it isn’t any way as pretty and creative as your design. You would think the least they could do was to make a good effort at copying something. I think they have deliberately left off the eye features so it doesn’t look too similar.
Good luck getting it sorted.
x hel x
Oh no. I feel so badly for you. That is a 100% rip off of your doll–absolutely. I hope etsy steps up to the plate and blasts this woman.
What I wonder is: how do these people sleep at night?
Sending you a big hug and agreeing that you are not crazy at all.
I can understand your frustration! The response was just amazing!
As with many of the others - I think that your design is so much more professional and I am not sure why anyone would buy something that looks so “unfinished”. I know it’s not much help but your pattern is soooooo much better!
No you aren’t crazy, because that is definately a knock off of yours, and a very bad one at that. Can you complain to Etsy or something, and have her removed. I agree its not fair but unfortuanately there are people out there who are just takers, and probably all they ever will be. What goes round comes round… Hope it works out for you.
While it completely sucks that some people are so rude (ie, her). Unfortunately, shit like this happens every day.
Best to just breathe and get some perspective… People are starving, people are dying. This is a very minor deal in the grand scheme of things.
x
People suck. Sorry Jhoanna. What they all said. Send her a petition to take her crooked copied crap off the market. I’ll sign it! x
Sorry Jhoanna this has happened to you. I’m seeing this more and more, people just don’t have a conscience anymore do they? I’m not a designer but I have written about this on my blog too. Hopefully people who do buy on etsy know what they are buying and know this is a fake. I love your designs, please don’t give up.
Jhoanna, that bites big time:(
That response is so not on, i know of whom you speak.To name and same or not to name and shame?hmmmm dont let her get away with it,love fi xo
I would SOOOOO not only name her but put her contact details on your blog so your readers can bombard her with messages containing the sentiment of all the posts above! There is a BIG difference between inspiration and replication and this woman is obviously
OOPS guess I was ranting a bit too much!
So Sorry that you are having to deal with this Jhoanna. This person certainly has some nerve, not only to copy your work so blatantly (poorly too i might add) but to then respond to you like that, was just plain rude!
I really hope this is sorted out properly.
Thats is terrible. It can be frustrating to be copied. When I decided to make my doll, I did it from scratch. I never purchased another dolls makers pattern. It took me from Aug 2008 to Feb 2009 to get her right. Totally worth it though.
Hope it resolves soon.
Report her to Etsy. That is just so pathetic. Stealing is stealing. Taking credit for designing something that is quite clearly someone else’s design is even more so.
I’d have steam coming out of my ears too!!
Hugs xo
Oh dear! it seems you have indeed been copied, though rather badly i must say.
i have made your lovely babushka doll up (from the handmade pattern) and can’t understand why people like this lady have to spoil things for the rest of us. If these copy cats don’t stop copying then the talented designers that create these patterns will stop offering them to us to make and will only sell the finished product so we miss out on the fun of making.
I found the listing on Etsy and if you want us to we can bombard the seller with complaints! just say the word :)
Is the pattern trademarked or copyrighted?
I found the doll and in this woman’s profile she states she is a Christian. Not a very honest Christian.
I don’t doubt that everything in the shop is a rip-off. The scottie dogs she sells appear to be copies of a pattern from Allsorts: http://allsorts.typepad.com/allsorts/2006/05/softie_scotty_d.html
This pattern also specifically says you can’t sell items made from it. Ugh. All the items look poorly executed with sloppy stitches. Too bad people don’t dig a little further and would actually buy there.
You are so right! At least yours is way better. I hope it resolves for you xx
So, is she Christian??? I dont think so…. what a shame… hugs from Brazil…
I’m very sorry to hear this has happened and I can totally understand your frustrations at the way the copier is brushing off the matter.
I hope Etsy can help in resolving the issue quickly.
Angela xxoxx
Oh, Jho. I am so sorry about all of this, and I know how you must feel. I’m sending you every good thought and positive vibe I have that this works out quickly and to your satisfaction. You have so much support and are so talented, I can spot your designs a mile away. Take care, thinking of you.
Wow….that was pretty rude of her. I have to say that you can find her item on Etsy and then report the item….they will probably shut her store down if they agree with you.
I’m not a designer, just a crafter and I do use other people’s designs to sell craft on market stalls and on Etsy to raise money for my daughter who has a disability. But I ALWAYS contact the designer and ask if I may use their pattern and I ALWAYS cite the designer! If the designer says NO then it doesn’t get crafted for sale EVER!
Good Luck…I really think you should pursue this as these sorts of people give other people such as myself, a really bad name.
Melissa, that is exactly the right kind of attitude to have - I wish more people thought like you did!
I’m having a similar problem with a jewellery ‘designer’ who sells on one of the same sites that I do. She’s copied on of my pendants and changed it by putting a bead inside rather than a set stone. She’s even called it by a very similar name!
I was taught the ‘change three big things’ rule too.
Good luck Jho - I hope etsy do the right thing! You are definitely in the right!
This is just awful!
I had a look at the Etsy site and you should have a look at their copy right policy which has other links on it to do’s and don’ts.(http://www.etsy.com/copyright_policy.php)
Etsy prides itself of supporting original design and the crafters of that original design. Have a read and go further. You should because it’s sellers like this that really, really annoy me!
i unfortunately know of this person, and yes you are not the first person she has ripped off, infact everything in her shop is a rip off of someone or anothers work, i thought you may also like to know she is a very active member of the dustteam -australian etsy sellers group (www.dustteam.com) hmm sad really… your gorgeous doll is by far cuter, and definetly made better! actually she made me one of these dolls as a gift last year… needless to say i dont have it anymore, its gone straight to the bin!
I typed in babushka toy and found her too. It is really sad, because you see so many interpretations of babushka’s when you type that search word in etsy that are really cute and original. It’s sad that she has to copy and can’t come up with her own wonderful interpretation.
Looks like everything she makes is out of pattern book, which is fine, but you can’t sell them! Well, there’s a reason her babushka hasn’t sold.
Sorry to see this happen….. Unfortunately this is the nature of the design world…. Everyone is inspired by the creativity of others, but there are the few who lack the true creative genius to be original and shamelessly duplicate the designs of others and call it their own… It is upsetting, annoying, frustrating and makes you feel helpless in the sense that you cannot completely protect yourself from copy cats. No one is immune to this, and I guess the best thing to do is to try your darn-est to take it as a compliment. Your work is awesome and you have a well established reputation and following. Don’t sweat it - it’s not worth it.
Sorry to see this happen….. Unfortunately this is the nature of the design world…. Everyone is inspired by the creativity of others, but there are the few who lack the true creative genius to be original and shamelessly duplicate the designs of others and call it their own… It is upsetting, annoying, frustrating and makes you feel helpless in the sense that you cannot completely protect yourself from copy cats. No one is immune to this, and I guess the best thing to do is to try your darn-est to take it as a compliment. Your work is awesome and you have a well established reputation and following. Don’t sweat it - it’s not worth it.
I’m really sorry this has happened to you - I would be mortified myself if that happened to me. {hugs}
In response to comment 70 though, I am part of that team, and while I don’t know who you are talking about exactly, I need to stand up for my team, in that we are generally a very ethical team and I for one do not condone this behaviour - please don’t sledge the whole team!
PS the seller in question has only had a store since the start of this year?
Hi All, thanks for your comments and support! I just wanted to clarify that the doll was published in Handmade Magazine as a pattern early last year (Vol 25 No 10), and the stand-alone pattern was published and made available to retail stores a few months ago.
Also, I am sure Anissa is not meaning to offend anyone in the DUST team or the DUST team itself - only suggesting that I contact DUST to let them know of the issue and I have - they have promised to look into it.
Thanks again,
Jhoanna
Thanks for the clarification.
Sorry to see this has happened to you, but I hope it all gets sorted out.
:)
I don’t blame you Jhoanna for being so angry. did you write to the person who ripped off your design? Just send her a link to this post. The good thing about blogs is that when stuff like this happens you can vent your anger and disgust and get heaps of support from your readers and hopefully the issue will sort it self out.
it is too close to your design to be claiming it as an original. there are plenty of similar designs across a variety of genre, but this is too similar.
Hey Jho,
I was shocked when I found out who it was. And I’m disappointed big time. Please know that at least one person on the DUST team is praying for you and this situation.
Now that the date details have been added to the original blog post, feel free to delete my earlier comments if you like (also- I didn’t mean to express anything other than confusion over the comment referred to…reading my comment again now I think it could be misinterpreted).
Thanks :)
I am so angry at this woman. How can anyone in this day and age think this kind of behavior is OK? If you need support in numbers count me in. At the very least She should be stopped, never to trade again,
I am so sorry you have had to go through all this, I can only imagine how exhausted you must feel after it all. Hope after all those letters of support that you are feeling renewed.
Ahhh. As a designer of anything this is bound to happen. I am an Interior Designer, and did a design for a coffee shop…. another local shop copied all of my ideas, just tweaking them slightly. In college I caught a classmate copying ideas out of my sketchbook. Yup. “Imitation is the nicest form of flattery”??? That’s what my professor told me. However,it’s still tough to take. From the beginning, all of the great masters of Art, Architecture, Design have been copied its how we have evolved! Breathe, and say WOW, I am that Fabulous that someone copies my ideas! Damn I am good!!!!!
There’s been lots of talk at http://www.fashion-incubator.com over the past few months regarding copying other designers. Apparently there’s some new legislation coming in the US which appears to be the solution, but,the devil being in the details, could make the whole issue so ambiguous it’s safest to just give up. I know from teaching design to hobbyists that many people lack confidence in their own ability. Sewing is seen as a learnable skill, designing as an inbuilt gift. It’s not, so maybe we need to share our design techniques as much as our sewing techniques. Then they won’t need to copy.
She is SO YOUR Babushka !!!