Legal advice if poss
Discussion
Hi everyone, I’m after a bit of quick legal advice.
My wife has an Etsy store doing bespoke handwritten calligraphy. Just over 3500 sales to date so nothing massive scale. Today she got a message from someone saying they were taking legal advice as some of her work is similar to theirs. Both do generic quotes, “miss you from a social distance” etc etc.
She’s terrified by this whereas I don’t think there’s anything she needs to worry about. Can anyone tell me if this seems like some other Etsy seller who doesn’t have many sales being jealous or wether we need to take this seriously?
TIA.
My wife has an Etsy store doing bespoke handwritten calligraphy. Just over 3500 sales to date so nothing massive scale. Today she got a message from someone saying they were taking legal advice as some of her work is similar to theirs. Both do generic quotes, “miss you from a social distance” etc etc.
She’s terrified by this whereas I don’t think there’s anything she needs to worry about. Can anyone tell me if this seems like some other Etsy seller who doesn’t have many sales being jealous or wether we need to take this seriously?
TIA.
I don't think she has anything to worry about either.
If the accusation that she has used similar phraseology then it will be difficult to prove 'passing off'. I will park the question of who used the phrase first. I assume that neither form of words has been copyrighted.
If the accusation is that the style of calligraphy is the same then my understanding is that calligraphy styles have existed for centuries.
I think that the other person will see that the cost of bringing a legal action will be expensive as compared to the benefit.
In the short term, she may want to consider an alternative phrase until this is sorted out.
If the accusation that she has used similar phraseology then it will be difficult to prove 'passing off'. I will park the question of who used the phrase first. I assume that neither form of words has been copyrighted.
If the accusation is that the style of calligraphy is the same then my understanding is that calligraphy styles have existed for centuries.
I think that the other person will see that the cost of bringing a legal action will be expensive as compared to the benefit.
In the short term, she may want to consider an alternative phrase until this is sorted out.
Parkette said:
I think that the other person will see that the cost of bringing a legal action will be expensive as compared to the benefit.
Agreed, I suspect that if this person speaks to a solicitor (which they won't) they will soon change their mind once they are asked for £1000 on account before the solicitor will look at the case and that it is £250 an hour. People who throw around these "I am going to sue you' threats tend to have no idea how much it will actually cost.
If it's bespoke, and the customer chooses the words then there's not much to defend?
If anything the Etsy team would be the people to speak to for both. Etsy can choose to boot someone off their platform if they don't meet their t&C's. I suspect they are more likely to boot someone off for threatening other vendors as Etsy has a lot of derivative stuff for sale...
If anything the Etsy team would be the people to speak to for both. Etsy can choose to boot someone off their platform if they don't meet their t&C's. I suspect they are more likely to boot someone off for threatening other vendors as Etsy has a lot of derivative stuff for sale...
Send back the response to the "legal" threat in your wifes calligraphy style, counter claiming as well if you dare. Actually don't as their is fa the other party can do.....
We were once selling an item on EBay (broke for spares or repair) and another buyer threatened us that we were selling similar items to them (broken FruitPhones) and either they would buy our item at a discount as a favour for not suing us or they would sue us. I wrote a text reply on the slowly dying FruitPhone that was the item for sale and included it as an extra image in the advert. Boy that didn't half get some abuse back from the aggrieved wannabe reseller.
So don't worry, just a scare off / discount / slow your sales tactic I bet.
We were once selling an item on EBay (broke for spares or repair) and another buyer threatened us that we were selling similar items to them (broken FruitPhones) and either they would buy our item at a discount as a favour for not suing us or they would sue us. I wrote a text reply on the slowly dying FruitPhone that was the item for sale and included it as an extra image in the advert. Boy that didn't half get some abuse back from the aggrieved wannabe reseller.
So don't worry, just a scare off / discount / slow your sales tactic I bet.
Demand trial by combat.
https://youtu.be/cnnnGOFf8uo
Calligraphy Kung Fu!
https://youtu.be/cnnnGOFf8uo
Calligraphy Kung Fu!
Edited by dudleybloke on Thursday 11th June 22:01
AndyB180 said:
Hi everyone, I’m after a bit of quick legal advice.
My wife has an Etsy store doing bespoke handwritten calligraphy. Just over 3500 sales to date so nothing massive scale. Today she got a message from someone saying they were taking legal advice as some of her work is similar to theirs. Both do generic quotes, “miss you from a social distance” etc etc.
She’s terrified by this whereas I don’t think there’s anything she needs to worry about. Can anyone tell me if this seems like some other Etsy seller who doesn’t have many sales being jealous or wether we need to take this seriously?
TIA.
I'm just trying to think what the worst case scenario might be - let's assume that your wife has seen this other woman's business and decided to (literally and figuratively) copy it.My wife has an Etsy store doing bespoke handwritten calligraphy. Just over 3500 sales to date so nothing massive scale. Today she got a message from someone saying they were taking legal advice as some of her work is similar to theirs. Both do generic quotes, “miss you from a social distance” etc etc.
She’s terrified by this whereas I don’t think there’s anything she needs to worry about. Can anyone tell me if this seems like some other Etsy seller who doesn’t have many sales being jealous or wether we need to take this seriously?
TIA.
My question would be....so what? Millions of people provide the same goods or services. As long as you're not copying a brand or passing off somebody else's work as your own I'm not sure what case the other woman has.
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