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being ripped off again
12 years ago
I'm currently dealing with a woman who defies all logic and common decency. If you follow me on tumblr you know what I'm talking about.
This is taking a pretty big toll on me. I have depression and anxiety issues that I manage pretty well, but this is affecting them in ways that are not good. So sorry if I take a little longer than usual to get back to you, etc.
Basically she bought a parakeet and bat from me a while back, and I noticed she was selling copies in her shops. She alleges that she gets them from a caster in Spain, but has not given me any evidence or information to back that up. Even if it's true, it's still infringement.
here's an image I put together showing the bat skulls are identical: http://i.imgur.com/sC9e3od.jpg
I had the image up on my tumblr, as well as screens of our conversation where she says it's not her problem because someone else is casting them, but she had tumblr take them down.
She has been incredibly rude and dismissive. I have a lawyer involved but he's painfully slow. I had etsy and Rebels Market (another site she sells at) take them down, but she now alleges she has new skulls and put some of the listings back up. Her casts "based on all new skulls" are actually the same, just marred up and cast worse, with horrible photos. For example the parakeet has a line carved up the middle. Parakeet skulls dont have that, and the rest of the skull is equally deformed.
http://www.rebelsmarket.com/product.....-pendant-22677
http://www.rebelsmarket.com/product.....-pendant-22680
She doesn't sell much online. That much is clear. However, it appears that she sells to shops and does several large festivals, one is today that has a booth fee of $250. You dont pay that unless you're making much more profit. So who knows how many of the recasts she's selling.
I'm waiting to hear back from my lawyer, there's not much anyone else can do at this point, except be aware of her deplorable behavior.
her facebook and etsy
https://www.facebook.com/pages/NanD.....57537677630989
https://www.etsy.com/shop/Nandarach
This is taking a pretty big toll on me. I have depression and anxiety issues that I manage pretty well, but this is affecting them in ways that are not good. So sorry if I take a little longer than usual to get back to you, etc.
Basically she bought a parakeet and bat from me a while back, and I noticed she was selling copies in her shops. She alleges that she gets them from a caster in Spain, but has not given me any evidence or information to back that up. Even if it's true, it's still infringement.
here's an image I put together showing the bat skulls are identical: http://i.imgur.com/sC9e3od.jpg
I had the image up on my tumblr, as well as screens of our conversation where she says it's not her problem because someone else is casting them, but she had tumblr take them down.
She has been incredibly rude and dismissive. I have a lawyer involved but he's painfully slow. I had etsy and Rebels Market (another site she sells at) take them down, but she now alleges she has new skulls and put some of the listings back up. Her casts "based on all new skulls" are actually the same, just marred up and cast worse, with horrible photos. For example the parakeet has a line carved up the middle. Parakeet skulls dont have that, and the rest of the skull is equally deformed.
http://www.rebelsmarket.com/product.....-pendant-22677
http://www.rebelsmarket.com/product.....-pendant-22680
She doesn't sell much online. That much is clear. However, it appears that she sells to shops and does several large festivals, one is today that has a booth fee of $250. You dont pay that unless you're making much more profit. So who knows how many of the recasts she's selling.
I'm waiting to hear back from my lawyer, there's not much anyone else can do at this point, except be aware of her deplorable behavior.
her facebook and etsy
https://www.facebook.com/pages/NanD.....57537677630989
https://www.etsy.com/shop/Nandarach
we previously thought she'd back down if we had the listings removed, but nope, she put them back up illegally and seems like she has no plans of stopping.
Secondly, you have no idea how much this angers me. I have a grand respect for taxidermy, taxidermist and anyone who simple respects the dead in a way of honoring it. Nothing ticks me off more than to see someone not doing that and only in it for the profit. Let alone, stealing your hard work. It's a long process to sculpt in the first place let alone having to cast something for replacas. I love how this person is trying to weasyl their way out of this, even going as far as to mutilate your art to claim as their own. It's very clear that this is YOUR work being sold for profit. It's one thing if she bought something from you, decorated it to her liking and work it for personal reasons to fit her person (where credit needs to be given of course). But no, she didn't and is not doing this, which makes this so disgusting.
Thirdly, I have no words other than I can't even imagine what your going through right now, emotionally. I to struggle with my depression and anxiety, though I am having some sort of a hold on it now. But if something like this happened/happens to me. I really won't get it nor understand how to deal with it. So I want you to know that what you have done so far is really inspiring and respectable.
I'm here if you need someone else to talk to in general about anything for that matter. I wouldn't want anyone have to go through this feeling alone and helpless. If you feel any of these things, feel free to reach out to me. I don't bite. <3
I'd definitely goose the lawyer hun. It's his job to protect your interests, thats what you are paying him for.
I will definitely note this chick in my "NEVER ever buy from, and spread the word" mental file. It's fairly deplorable.
and the claim that she has them as registered copyrights is insane... as if she magically got her country to register a copyright claim overnight. not sure about Canada but in the US it takes months, there's an option to expedite it to 5 days but it's $760 each copyright
her "trademark" for her business name Nan'Darach Designs doesn't come up in any search either. I had to pay $1k+ and wait over 7 months to get skullery trademarked (and the process still isnt complete).
She is probably trying to claim artistic license as copyright, and does not understand copyright law--she's probably trying to pull "I was the first to do it in Canada, therefore you can't get me, because I'm here and you're there".
Which is crap. You can chase her for it, it will just cost you more and be an enormous hassle, because I think you have to take her to court in the US. I'm not 100% sure, but unless you want to take the fight up here over the border yourself...you're in for a long, difficult fight. And it's gonna cost a lot of money. I don't know, off-hand, how the law works, but I don't think you can force her to appear in a US court because she's not a US citizen. Not sure--our countries do have a fairly good relationship, so there might be some laws that dictate on that sort of thing.
I run into the same issue with one of my designs. :S My dragons. A few people over the border in the US have been copying the design identically and selling it, and because I'm Canadian, I can't do anything about it without spending an absurd amount of money. It pisses me off...but I don't have thousands of dollars to have lawyers chase some kid over the border who wouldn't have the money to cough up even if they could get them.
I really hope you are able to get the silly bitch. I'm ashamed to see a fellow Canadian behaving in such a deplorable manner, and I hope you are able to justly settle this.
It's funny, because yourself, and a large number of our handlers are total sweethearts, and lovely to chat with and interact with. It's a shame a few bad apples spoil things. Though I guess there's some in every group. I shudder to think how many of my fellow US citizens have been total prats. And yeah, the over the border issue makes everything a huge, messy headache.
marissa, I truly hope this gets sorted out quickly and properly for you. My sincere sympathies on the trouble, and good positive thoughts coming your way!
With the internet, though, it is BOUND to happen. People take inspiration from other people, sometimes in the wrong ways, and stuff just turns into a mess.
I try not to get to bent out of shape about the dragons now, given TRL has released a tutorial for them. -.- Not identical to mine, but it is still very annoying. The chainmaille community is particularly bad for this...but that kinda comes with working in such a geometric craft. Bleh.
I hope it goes well for you.
What bothers me here is the line, "I can ask him to redo moulds from a different original"
Reads to me, "I have someone else re-cast your pieces for me". I am not sure how well copyright works at an international level, but this person is flat out rude.
I am also going to comment on the ssage post, about lawyer being slow, and switching. Switching lawyers might set you back, as your new one will have to establish all of this again. However, is your lawyer skilled in copyright protection/infringement? Lawyers come in a wild range of specialties, and if your's happens to be a "jack of all trades" it might be best to seek out someone with more knowledge in this sort of thing. They just are slow, and normally have a pile of cases they are working with, but it dose not hurt to ask him this stuff, and to step up his pace.
Hang in there xxxxxx
And to second what SerenFey said above, I am rather disgusted that a fellow Canadian is behaving this way.
I always know where to buy my skull replicas and I know where to point people and that's to you.
You have stunning work and you are a very professional person about it all. I just hope the bad rep follows her.
Its hard to stop people from casting off of other people's works >: I know fursuit part makers, like DVC, run into this problem with people selling replicas of their claws e__e
Its just to remember where the quality is. This women is making horrid replicas like some china shop. Its just unfortunate that the buyers wont know where the quality originals are found.
she pulled the image from here. it's missing a tooth that the cast has, and the canines are obviously different, for a start
she must have done that very recently
I'm just amazed
I hope that your lawyer can work through this as quickly as possible, so you can find some peace and get back to business as usual. :c
I doubt there's much I can offer, but if there's anything I can do to help, don't hesitate to ask. I wish you all the best in this!
Hang in there! I'm glad you're not rolling over and letting them get away with this without a struggle <hugs>
That's hard :c because it seems like she's persistent in not giving a fuck about it. Frankly if she wasn't worried about it being stolen then why be sneaky and remove/ hide all things bringing it up.
and taking down some shops will probably be a tiny cherry of justice on top of a whole sundae of problems.
Many shows may not care to do anything, but some might.
On the bright side your pieces look MUCH better, so at least anyone coming across both ought to go with yours.