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Re: [TheCostumersManifesto] Digest Number 55

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  • Liz Martin
    ... Also, you need to have very little difference in you pattern/item to claim there is a difference. I m inclined to agree that she is just bluffing. Liz
    Message 1 of 3 , Jan 27, 2001
      on 1/27/01 4:45 AM, Jeanne Hinds at jeanne@... wrote:

      > At 09:16 AM 1/27/01 +0000, you wrote:
      >> I offer free floating silk Fairy
      >> Wings, which are like a big scarf that is caught up in the center with
      >> ribbon to create the two halves of the wings. They have loops of ribbon
      >> that slide over the wrists and then the wings themselves attach to the body
      >> with elastic straps, just like most wired wings do. If anyone has ever seen
      >> something similar in any book or pattern or if you've ever seen someone
      >> selling a product like this, could you let me know?
      > Yes, but I cannot recall the name of the upscale children's toy catalog I
      > saw them in. One piece construction of a light material which fastens at
      > the wrists and waist with elastic loops/ties, not sure how or if it fastens
      > at the neck. It's not a new and creative design.
      >> The other WAHM is
      >> trying to patent her design, and is threatening me with legal action if I
      >> continue offering mine.
      > First of all, if she is saying "patent" then she has NOT done anything in
      > the way of legally protecting what is really her "copyright". Obtaining
      > copyright occurs when you create the item , as in artwork or when you take
      > a photograph or at the moment of writing a document. Our US copyright laws
      > consider the ownership of copyright to rest with the creator of the item at
      > the moment of creation. However, unless the copyright to the pattern has
      > been filed with the US Copyright Office, there are limits to the amounts of
      > damages she could sue you for. That is really what registering for
      > copyright does, it jacks up considerably the amount of statutory damages
      > the copyright holder can sue for. I believe that registering for
      > copyright with the US Office of Copyright must occur within a certain time
      > frame after the item has been created....within three months I
      > believe. Check out this web page for a further clarification
      > : http://www.benedict.com/basic/register/register.htm
      > Also, sueing for copyright infringement is a dicey legal gamble. She would
      > have to prove without question that sales of your fairy wings have a direct
      > impact on her sales. Frankly, I would bet she has not registered her
      > copyright and if she had actually seen an attorney , she would know that it
      > is an expensive threat she's waving at you with no gaurantee of her
      > winning. A good attorney would advise you to simply ignore her thus
      > placing the burden on her to hire an attorney to pursue the venture
      > further. Most people, once they get past the stupid bluffing stage, rarely
      > ever pursue true legal action since it represents a significant outlay of
      > money with no gaurantees of winning.
      > Psst.....beat her to the punch by registering YOUR design with the
      > copyright office. Cost about $25, I believe. Go to
      > http://www.benedict.com/resource/forms/forms.htm and download Form
      > VA. Check out the site further for more resources www.benedict.com
      > Jeanne

      Also, you need to have very little difference in you pattern/item to claim
      there is a difference. I'm inclined to agree that she is just bluffing.
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