Saturday Angie gave me a buzz and off we went to do a bit of shop hopping. Beautiful day. Beautiful shops. Wonderful woman— and of course we had a few suprises too.
We were late going and since it was the late in the day on the last day–we scored. A few shops said–hey, pick out a prize. You don't even have to draw for it. weeee!!! we love that!
I of course picked a few things for myself….. I am on the ever filling of my fabric drawers mode. I don't go too overboard- they are quarter pieces…but still. I don't that that mode will ever go away.
So, while in one store we were browsing around and there—– on the table—– I saw it: {gasp}
“Hot Cakes” Cupcake Oven Mitts
Looks a little too familiar doesn't it? hmmmmm
Frosted Cupcake Hotpad e-pattern
This one is of course mine. selling it since…..2008
{click on the right bar to get yourself the pattern-origionaly made by me}
It even has the same construction. Same double stitch on the top outside…..not sure what to do.
Her changes: squiggle stitching instead of straight on the bottom part, no buttons, loop at the top.
Should I:
- email her and chat about it
- ignore it
- spread bad rumors about her store so noone will buy
- any other suggestions from you would be helpful
What do you think? Apparently it's time to get my lazy butt into gear and get it into the local stores before it happens again.
Just for fun I'll have a tutorial tomorrow— {ok. really i wanted to do it a long time ago, but my zune stole my photos and after searching for seriously an eternity on the computer I have spotted them on the machine! that darn thing…..so that means I can finally share it}
Really though— comment and let me know what your thoughts are. I have never had to deal with this issue….I really thought I was invinsible!! wahahahaha
Ooh I would be very upset and sad too if this would happen to one of my patterns! Sadly it's all too common these days. I would wait a day and then email the person selling these. I'm not too confident it will actually help though. Good luck!
I think that it's going to be impossible to not have folks using patterns or looking at tutorials and not making their own stuff out of them. I understand your desire to protect your intellectual property, but I think it would be very difficult to prove that this is YOUR pattern (there's an awful lot of people bouncing ideas off each other on the web). I think I would just let it go. Bad-mouthing her shop will more than likely only result in making you look bad, so I'd opt for taking the high road.
I do think that this is something that you will need to seriously consider in the future when posting/selling free or pay patterns. I think it's human nature to think, “Well, I put the cost of supplies and labor into these things, I should be able to sell them!” And it's going to be nigh-on impossible to prevent it from happening without going crazy and possibly losing all pleasure you get out of sharing your skill and knowledge with the rest of us. And out of my purely selfish reasons, I'd hate for you to stop sharing with us!
it is a bit difficult to share when the thought of being stolen from is looming in the background. I kind of figure- what comes around, goes around– so it is bound to happen. i think what threw me so off was that it is found in my local sewing shop…that is my area! my frustration comes out from not having it in the stores…and now she does…so i look like a cheat.
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If you were to spread bad rumors then you are the one who ends up looking like a fool– which I am sure you were only kidding with that option. Secretly in our heads we have so much power and can crush this sort of situation, in real life it's not so easy. I suggest emailing or calling the “designer” and letting her know you have that e-pattern for sale and have had for 2 years. You can kindly ask her to retract the pattern and no longer sell it as you obviously have the artistic copyright. Another option if you know a lawyer who won't charge you a bundle– ask the lawyer to send a cease and desist order with potential for future lawsuit if she continues to sell it anywhere in the world. Our copyrights are protected overseas as well– so designers in Australia and Europe get the same protection here. These orders generally work because the designer often knows that what they have done is wrong– or if they don't “realize” their mistake they feel horrified at being considered a crook. Hope this helps. Copyright infringement happens all the time, it is up to the artists and designers to educate the world about how wrong it is. Copying, even photo copying someones work and giving it or selling it to others is criminal by Federal Law.
Good Luck!
thanks kari for you advice. I haven't decided what to do yet….and yes only kidding on the spreading rumors….darn it
i am so not good at one on one so i might look at the lawyer thing.
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I see the two cupcake patterns and yes they do look a little alike…but there are a few differences …I have a friend who publishes patterns and had someone do something along the same lines, so she went to a lawyer and discovered that unless the templates are identical, line for line she didn't have a case. I agreed with a few of the other comments…there is a lot of copying and you need to get your patterns in the local shops ASAP!
thanks elizabeth…there is a change it 20% and it's yours thingie… it is frustrating for the origional designer though isn't it. I am working on that and by the end of the month–it will be out there! wish me luck.
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Good for you and break a needle;^}
thanks!
break a needle– that is totally cute! mind if i use that occasionally?
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Good for you and break a needle;^}
thanks!
break a needle– that is totally cute! mind if i use that occasionally?
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I’m sure sorry about someone swiping your idea and your pattern. Maybe what you should do is check out her stuff and if you see something you like – make a simple change and duplicate it! Afterall, turnabout is fair play. LOL.
These cupcake potholders are a really cute idea, and seem to be very popular. Good job.
mary that is so funny! i have been thinking about it lately and it is kind of an old pattern and cupcakes are sort of moving on– do i want to offer it for free? lol