Is there anything you can do when someone copies your designs?

[JohnnyDomingo]

Hello, 

Is there anything you can do if someone copies your designs on Zazzle if you don't have them copyrighted?

I'll just show you what I mean:

This softball used to be one of my best sellers: https://www.zazzle.com/custom_photo_name_team_position_number_softball-256880510770572875

Then this person copied the design, just changed the font style and picture. They even used the same exact title as me: https://www.zazzle.com/custom_photo_name_team_position_number_softball-256109974726664457

And somehow, even though mine has been up much longer and has lots of good reviews (10 5-star reviews with some pics), the copy cat's product shows up way ahead of mine...like his is one of the top results for that product, and mine is not even on the first page (although it used to be).

I know almost nothing about intellectual property rights but I'm assuming I can't really place any legal protection on that design, as it's basically just how I arranged the text, elements, photos, etc. But it's clearly a copy of my design and I would consider it an ethical violation, if not a legal one.

So is there anything I can do about this?

Thanks!

[CreativeLeahG · Accepted solution]

Unfortunately in a case such as this, it would be difficult, as copying like this is rife as it is the idea more than a specific design that has been copied. If you search 'photo team name softball' - you will find more ( by other creatives) and filtering via 'newest' does show yours as being the first. If this particular store (and be aware you are not permitted to call other designers/stores out on the forums) appears to be duplicating much of your content, you could message them and ask them to refrain but this is the nature of the beast and I'm not aware of Zazzle taking action in such instances BUT saying that, never hurts to hit 'report' and see?

[JohnnyDomingo]

Thanks, that's pretty much what I thought.

Yes, I've seen lots of similar designs come along, but at least they change some things up other than the font. It wouldn't bother me if it wasn't so blatant, including the title lol. Also not sure how they leapfrogged me in the rankings. Maybe they want newer products to be seen, which overall I would be down for!

[Harmony]

I'm not sure I fully understand the inference that a design is allegedly copied/stolen. I would be careful about inferring this on a public forum where one is not permitted to directly call out another designer.

I'm not sure putting things together using Zazzle free to use items that can be used by anyone would constitute a unique design under IP. Theoretically, anyone who used those same fonts on a softball before you made yours, or used similar text fields, or added a photo in the same place you did could then say that you were copying their design -but rearranged the elements- the same way you describe creating your product. How would one ever determine the original creator of a softball with a photo and baseball team information? You would only ever have one product that could then claim everything created afterwards is a copy. I'm not sure one can claim ownership of a product title as there are only so many ways to label/name a product and while the format of the title may match yours it is an accurate description of the product.

If you added your own photo or added an element you personally created, and that piece was being used without authorization, then you might have a different argument. All these elements appear to be fairly commonly used and would make sense for a softball: a photo template, player name, team, position and number. The font is a zazzle font that can be used by anyone that creates products. There are only so many orientations and places to put the text. 

[JohnnyDomingo]

Well I didn't directly call anyone out (glad I didn't, didn't know that was a rule but it makes sense), I was just comparing the two products. And I wasn't making any argument or implying that I have IP of this design, was just genuinely asking. I'm sure other creators have had similar experiences and thought maybe they could share some insight. I mean some things are obvious from a human judgement point of view, and I figured that wasn't enough to do anything, but thought it wouldn't hurt to ask.

[Windy]

I think it would be hard to make a copyright case in this instance. I don't even think you could claim it to be an "ethical" violation as your product does not seem to have a particularly unique design, for reasons noted by other respondents above.

It is indeed odd that the title is word for word the same as yours. Yours has personalize fields and that one does NOT, so that seems like an odd choice from a designer that would rank high in the marketplace; I don't see how that product would sell better than yours because some shoppers finding that product would find it hard to locate and use the design tool to get the item personalized correctly.

The two products have very different tags. Maybe you could look to beefing up some of your tags as those other tags are more specific and might well  be the reason for the higher ranking. 

Also, I think as time goes by some of the products which have done very well in the past, will have more and more competition, as other newer  choices are made available, so I think that could be a reason for your product being a good seller early on, and then not selling so well later.

[JohnnyDomingo]

Good call on the tags. I usually try to use tags that show up blue on both the specific product and all products, which usually results in me using a bunch on one-word tags. Maybe I should reconsider that strategy. 

[PenguinPower]

It wouldn’t be hard, it would be impossible…. Graphic design/layout is rarely copyright eligible. 

[CreativeLeahG]

Re higher ranking, that other store may actively promote this item or have active affiliates, there are many reasons why it may be viewed, sold more ... 

[JohnnyDomingo]

Gotta get me some of that affiliate action!