Copyright?

jellybean09

I have noticed on sites like ebay there are a lot of shops/sellers with items from ranges such as Mamas and Papas coordinated nursery ranges. They basically buy stickers for example from the range and decorate canvasses, lampshades etc so that there is effectively more things to buy in the range, however its not directly from mamas and papas.

Im looking to go into something similar in terms of handmade bits for nurseries and so on. However im not sure if this is actually legal and surely breaches copyright?

I dont want to even consider looking at adding 'ranges' to our collection if its effectively illegal.

Does anyone know?

paddyrg

That would pe 'passing off' by the sounds of things - absolutely a problem.

jellybean09

paddyrg wrote: »

That would pe 'passing off' by the sounds of things - absolutely a problem.

Exactly what I thought. But then i'm surprised that ebay allow this to go on, especially considering they are so hot in other areas, like not listing you wish to swap or part ex a vehicle. That you will accept cash etc

Or maybe it just isn't obvious what is legitimate and what isn't if you dont have an interest in a particular area.

Well now I know thats out. Rather than specifically passing off a range and copying the 'hodge podge' range using the characters etc would you be allowed to use a similar colour and design scheme and advertise it as matching with the range. Or is that still a no go?

For example most of these items will be in nurseries/childs bedrooms and it will be an appeal and also will come up more often when people search for specific ranges they wish to add to the room. I would imagine (I know I would) people would prefer to buy an item that coordinates with a particular range, rather than something entirely different.

paddyrg

Hmmmmm what a great question! I imagine you would probably get away with it if you talk in terms of 'pallette to compliment "hodge podge" ranges'. Not claiming to be 'hodge podge', just your own range in a style that works well with 'hodge podge'. Be clear about it. I would imagine if 'hodge podge' decide to go after anyone, they'll start with those 'passing off' first, and when you see that happening, you can take further advice.

As to why ebay allow it, they get a slice of each sale and don't really care. Where they have taken action and banned items, it has been down to the rights holders forcing them to. I can only assume the rights holders for these items are not paying attention.

paulwf

Ebay is basically only concerned with making maximum profit so will have strict rules on certain things (and will push paypal which it owns) but will turn a blind eye to other things. The trouble is you don't want to bend the rules when your business is based around it as the more successful you get the more the chance of being reported and then having all your listings pulled and account terminated...and effectively being out of a job.

I always recommend being 100% compliant with everything you have to, that way you aren't always looking over your shoulder for a jealous rival business or an upset customer putting the knife in.

easyhost

jellybean09 wrote: »

Exactly what I thought. But then i'm surprised that ebay allow this to go on, especially considering they are so hot in other areas, like not listing you wish to swap or part ex a vehicle. That you will accept cash etc

Or maybe it just isn't obvious what is legitimate and what isn't if you dont have an interest in a particular area.

Well now I know thats out. Rather than specifically passing off a range and copying the 'hodge podge' range using the characters etc would you be allowed to use a similar colour and design scheme and advertise it as matching with the range. Or is that still a no go?

For example most of these items will be in nurseries/childs bedrooms and it will be an appeal and also will come up more often when people search for specific ranges they wish to add to the room. I would imagine (I know I would) people would prefer to buy an item that coordinates with a particular range, rather than something entirely different.

with ebay what they do is provide the auction/selling space but they rely 100% on other users to report any problems/illegal items as they dont in their own words "have the time or manpower to check every single listing, and rely on other users to report problem listings"

jexygirl

Is it really illegal for you to sell something which would "compliment" an existing range?

Jelly bean, I actually bought a few hand crafted bits from ebay that complimented a particular boys bedroom range from Next and it was advertised as "compliments blah blah range". It was Items that next themselves don't sell, and I thought it was great to have hand crafted items that "matched".

Surely if it is illegal, then how is it ok to sell "fake labels" like CK / DKNY / Ralph Lauren /Rolex, but not ok to hand craft items that compliment a range of products with items that the store don't sell themselves.
Sorry - just interested!
Jex

easyhost

jexygirl wrote: »

then how is it ok to sell "fake labels" like CK / DKNY / Ralph Lauren /Rolex

like a lot of things it is not illegal to sell these fake labels and it is not illegal for you to buy them, but it is ILLEGAL for you to use these label on items that you pertain to be the genuine article

jexygirl

Ah ok, so the OP could craft items that "compliment" a named range, I dont think the intention was to "pass off" as genuine, simply to make items that complimented, thats why I thought it was odd.
Thank EH
Jex

WPN

You wont go to jail - they will write to you with a cease and desist in the first instance, followed by (perhaps) court action for damages.

You can always contact them to ask permission (also ask about discounted volume rates) the only downside with that is if they say no (probably likely if they respond at all) they will be monitoring you. I would consider that route however unless you consider risking it on ebay which will just be a while before they stick a spanner in the works. They would probably contact ebay, get you banned (or items removed) and thats all. There is always the off chance of being sued.

Savvy_Sue

I would suggest saying that it complements a range, rather than matching it, if you decide to do this. If you say something matches, and I don't think it does, I'll be annoyed, but if you only said it complemented the range, I won't be annoyed.

However, could I respectfully suggest that you spell complement the way I do, rather than the way jexygirl does.

I will pay jexygirl the compliment of saying that she invariably writes a lot of sense!