I have been informed that an item made by my partner and me has been copied, this item has never been for sale on Folksy, so I’m just wondering what other people might do in this situation. I have not seen the copied item, other than in a photograph, and it is something we make and paint by hand, it’s so me, but also quite bad as well. I’m absolutely devastated, shocked and extremely unhappy, we think it may be possibly 3D printed. Our problem is that it is a Canadian company that has reproduced our work, and even more devastating they have put there own trade mark on the back, can they ask us to stop making our own work!
Anyway, never copy anyone else’s work, it is really one of the most despicable things in the world to do.
I think you probably take photos of your work ? and therefore have photo of the copied piece ?
The properties of your photo will show date taken so you can prove how long ago you made it ? If of course it’s not the first then find the date on the first you made.
Not sure if that will help in any way but it might.
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I would advise anyone to take photographs of their work and register them with ACID. They charge a yearly fee to store your photographs (with the submission date) and help with any legal action if it’s required. I also email myself the photographs and leave them unopened in my archive folder just incase I need to prove my work is mine x
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Gosh, I’m not sure what would be the best thing to do, but like Joy says, do you have photo’s of your item to say when it was made etc.
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I would consult an IP lawyer as soon as possible with all your evidence.
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We started making this product back in the very early 80’s just after we left college, and it’s kept the Wolf from the door many a time, so we have photos going back many years
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I’m sorry this happened to you. It happened to some friends of mine too, a copy of one of their items actually ended up being mass produced in China. They didn’t stop making the items, but were always changing and adding slightly different ones to keep ahead of the copycats I guess. It’s an awful thing to do to someone.
Hope you get it sorted.
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In that case I think you might well consider some sort of formal letter to the Canadians with your concerns about their use of your intellectual property…
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Thinking about it, years ago, we went to an office in London to see about copyrighting the design, and they said as we were artists we had automatic copyright, unlike say if you designed a new light bulb or phone or vacuum cleaner, but I’m not sure the people in Canada will take any notice of this
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I really don’t have anything useful to say, but luckily other people have some great advice. All i wanted to say was sorry that someone has done that to you. I never understand why people copy things, I suppose they only do that because they don’t have their own imagination. People always say you should take it as a compliment, and it is, in a warped way, but it doesn’t make it any less hurtful. I’m gutted on your behalf. I hope you can get something sorted…
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So sorry to read this has happened to you Sue. How awful. 
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Really sorry to hear about this Sue. I hope you manage to get it sorted out.
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What a terrible experience for you! I hope you can get something done and get some piece of mind.
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You really need to send them a letter demanding they stop selling the item and a bill for lost revenue. You are own money on every item they’ve sold without your permission.
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By the way, it doesn’t matter that they are in Canada. You, the copyright holder, are based in the UK. So if you needed to go to court you would use the English courts to issue a summons against them and the case would be fought under English law. Don’t let the fact that they are based in another country stop you from sending them a formal letter.
love Sam x
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