Product Pulled from Store

[Kubiegirl]

Hello!  I have a question for other creators. Yesterday I received an email saying that a product will be pulled from my store because it may be someone else’s intellectual property. I am a subscriber to creative Fabrica and I can use the image because of my subscription. I actually was chatting with creative Fabrica customer service, and they told me to send a license key to Zazzle, which I did yesterday. Today all the items I created using that image have been pulled from my store. Do you have any advice from what I can do in this situation I did send an email, but have not heard back from customer service. I am very frustrated as it took me many hours to create all the products using that image  And I am unsure why they would pull products even with evidence of the availability of the image for use in print on demand. 

[waterart]

Maybe the seller of the image does not have copyright to it? Some people who sell digital downloads swipe them from others and repackage them as their own. I'm not saying this is the case with the image you bought but buyers should be aware of this sort of thing happening.

It could also be the tags, description/title you are using and nothing to do with the image itself.

[Kubiegirl]

In this instance, I don’t think that is the case as the image is specifically listed as only being available on Creative Fabrica.  I’m so frustrated!

[CreativeLeahG]

Yes you can do something, once Zazzle receive the license they should be able to reinstate your items.

But if it's a tag issue or something in the description etc. that may not be the case. You will hear back them, just reply to 'ask' specifically what the issue it.

[Kubiegirl]

I did send the key, but I haven’t received any response to my email yet.  I wish they could ask before they just remove items.

[CreativeLeahG]

They can't ask, they get many hundred (maybe less or more) infringements daily and they have to act instantly if it is 'infringement' for legal reasons. But they do reply (maybe inside 48hrs) and you'll have a better idea what the issue is. I know it's upsetting when this happens but for legal reasons, Zazzle has be swift.

[Kubiegirl]

I do understand that intellectually, but emotionally it’s frustrating.  Ill get over it lol. 

[CreativeLeahG]

Fingers crossed they can reinstate your designs.🌹

[Kubiegirl]

And thank you for your response!

[tiffjamaica · Accepted solution]

Every single time this has happened to me over the years, it's been a tagging issue and not an image issue (and there's no way I know of to get those products back).  🤞My fingers are crossed for you that isn't the case - it's very disheartening to see products you worked hard on disappear!  Check your tags carefully for any copyright issues

[Cat]

Gosh... I didn't know I was supposed to put something on file for images I'm using with a license! I mostly use that sort of thing as placeholders, but I appreciate the head's up because it would be a nightmare if they all got deleted. Can I ask which email you sent the license key to?

[Kubiegirl]

I don’t believe it’s necessary to do that routinely, but it is available if there is a question about the use of images. I simply replied to the email that was from the content review dept.

[grafixmom]

Just a thought, since you mentioned being a subscriber, but it may be the wrong license. My understanding is that there are two POD licenses at Creative Fabrica. While both allow for commercial use, there are differences: the "basic POD" is a subscription license which has some restrictions for POD use, and a "full POD" license which is not a subscription but has fewer restrictions, so your design might've inadvertently been used in a way that could be considered an IP violation. In any case, I hope Zazzle support gets back to you quickly and your products can be restored!

I found these explanations at the website to be helpful:

https://www.creativefabrica.com/the-artistry/print-on-demand/print-on-demand-licenses-an-overview/

https://www.creativefabrica.com/subscription-license/

[Kubiegirl]

So apparently it was a tag like one of you mentioned. Apparently koozie is a word that has been trademarked, who knew?  

[LMGildersleeve]

You can now mark your post as a "solution". 🙂

[SimplyDesigned]

Ahh yeah that's trademarked similar to Kleenex. If you're not Kleenex brand you have to label yours as "face tissues" or something along those lines. Just another example for everyone here since not everyone might know what a koozie is.

[Barbara]

Two sites that are important to bookmark:

TESS (trademark search system)

copyright search

Whenever you are about to use a tag that you feel might be questionable, you can look it up on one of the two above sites. "Koozie" isn't a dictionary word, and so is one of the sort you're best off looking up. However, we've all been caught completely off guard by words and phrases we consider part of common language. Also, be very careful with proper names. I got caught be using a university name (no can do), and another time, I was caught by using "Dali" to describe a Dali-like image I'd created. "Olympics" is another one that tripped me up. Most, if not all, of us have experienced this. Make sure you keep copies of everything you do so, just in case you have to, you can re-upload it.

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[KeegansCreation]

Whenever I learn of a word/phrase/other thing that is trademarked and nobody expected that, I add it to my list. Here is the list so far, updated to add koozie.

Things that seem like they would be in the public domain but actually aren't.

• Mark Twain
• Oscar Wilde
• Photos of the Eiffel Tower at night
• Robert Frost poetry- while some of it is in the public domain, some of it is not. Zazzle took down one of my Robert Frost products so I deleted all Robert Frost-based products from Zazzle and images from my folders.
• The term Farm Boy
• "think pink"
• Salvador Dali
• Escher
• Lifeguard (the word has been copyrighted)
• "smiley" in reference to the smiley face, and also the smiley face itself (all smile faces must be a little different from the classic one and not be called "smiley")
• Live,Love,Laugh
• a list of things that are copyrighted
• "Fight Like A Girl"
• "No one fights alone"
• "Good Vibes Only"
• Photo of Buzz Aldrin's footprint on the moon.
• "Let's get ready to rumble"
• Shabby Chic
• Onesie
• A grill with 3 legs. Weber has trademarked the very idea of a grill having 3 legs.
• Koozie

[Barbara]

Mark Twain can be used. You can't use any of his work that's still under copyright, but his earlier stuff is in the public domain. However, you have to research it before you know you're safe.

"Shabby Chic" irks the devil out of me since it was stolen right out of everyday mouths. It was around long before the clothing line (I think that's the thief) existed.

Will any of us, including Zazzle, forget the great "pi" fiasco when some dumb cluck trademarked pi followed by a period and then proceeded to go after everyone, maybe even including mathematicians? LOL

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[Kubiegirl]

I wonder if we should create a post that creators can add to so that we can all stay in compliance with the regulations. 

[KC]

Add "Boy Mom" and "Girl Mom"

[Kubiegirl]

Those are trademarked?  What the heck? 🤣

[KC]

I had some text-only (with the Zazzle designer) things taken down nearly instantly. Some research turned up lots of articles about the person who TMd the phrase and very actively defends it.

I seriously don't understand how casual conversation terms get approved.

[KeegansCreation]

Done! Thanks for the heads up.

[LMGildersleeve]

Wasn't "girl dad" also TMed? I remember last year Zazzle encouraged us to make "girl dad" products and within a week's time that reversed and said don't make them.

[Cat]

Hmmm... I've actually sold some things that have some of those phrases in the keywords - haven't checked for all of them yet, but I've definitely sold things that use "shabby chic." I'm not sure what to make of it, but I'm gonna change them just in case, because why take the chance.

ETA - just read through the Shutterstock list and it includes Zamboni. I actually knew someone with that last name once - and yes, she was related to the guy who invented the machine. Now I'm wondering how one deals with life in the modern world if someone has copyrighted/trademarked your name!

[Barbara]

I checked on TESS and counted 8 with shabby chic, then got tired of it and stopped, so there may be more. I clicked on two separate registrations, and one was for all kinds of clothing and the other for home decor. Trademarks, though, are a different animal from copyrights since the former can be strictly regional. I can't imagine anyone copyrighting shabby chic. I looked it up for copyrights, and there are none, so I've the feeling I might have gotten the info from someone on Zazzle who had looked it up in TESS where, I swear, you can find the entire dictionary trademarked.

My link to TESS, by the way, is a dead thing. It apparently timed out.

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[CreativeLeahG]

I trademarked my name

[Barbara]

@CreativeLeahG:  When you applied for the trademark, did you have to include info on what you'd be using it for, thus limiting it to specific product types? (At least your name isn't John Smith.)

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[SJoy]

You can add "Country Girl" and "Zentangled" to that list.  Found out the hard way on both of those a while ago.

[Cat]

I'm waiting for someone to trademark the words "the" & "and". It's sorta getting ridiculous!

[SapphireDesigns]

Add "Grinches" to the list as well.  Had a simple design of red and green polka dots and the words "Merry Christmas, Grinches"  in a fun font.... every last product removed.   "The Grinch" I fully understand, but somehow I never assumed "grinches" would get pulled.    And... LIFEGUARD!? That one and the 3-legged grill.... what next?  Thanks for sharing. 

[Barbara]

"Grinch" isn't a dictionary word and was made up by Dr. Seuss, so that means copyright and probably trademark, too, for products, etc. But lifeguard? What?!!!

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