Copyright infringement - anyone else disappointed with how it's handled here?

GreenCarbonMail
New Contributor III

I'm wondering if anyone else has had parody graphics removed as "violations" when they clearly fall under "transformative use?" I recently had two works removed with Zazzle citing copyright infringement. My designs featured cartoon pickleballs, no actual artwork or photos from the movies that inspired them.

I was informed by the content team that one design was a violation for including the words "Hocus Pocus". Yet, if you search the home page for those words, the first two rows are all Editor's Picks.

The second design that was removed was inspired by "the Godfather" movie - but again, my design had a pickleball paddle and said "the Lobfather". Zazzle cited copyright infringement for my graphic. Yet, when you go to the home page and search for "the Godfather" you will see rows and rows of products with actual images from the movie. 

There are loads of other parodies up on the site as well. So I guess I'm just looking for some clarification as to why my designs are being singled out and removed while ones that actually are illegal are left up. Has anyone else had this problem?

Other than reporting graphics that are actual copyright infringements, and explaining to the content team why my designs should be allowed, does anyone have any advice on how to fix this situation?

7 REPLIES 7

Malissa
Valued Contributor II

The words hocus pocus are not trademarked as far as my research.  Maybe it is because the words were used in conjunction with images that were too similar to the characters or something related to the movie?  Or maybe it was actually some other tag that flagged it.  I have gotten designs taken down that were mine and I had proof and the email said that the image was in question, but in actuality it turned out to be a tag that I used so that first email is not always accurate in why they took the design down.  I also had all designs taken down that used some of my hand painted floral elements that used the words "good vibes" and it turned out that the words were the violation and are only a violation if they are on clothing products because a clothing brand trademarked them, but they are ok on other products.  I had the words on shirts and facemasks so they were gone.

There is no way to actively fix the situation, because it is a case by case situation and Zazzle's policy of taking things down the way they do isn't going to be changed.  The only thing you can do is keep pressing for details and I have had all but a handful of products that were taken down restored, thankfully.   Even when we try to be vigilant there seems to be something -usually what seems like a common word or phrase- that trips us up and we get caught in the net unawares.

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idraw
Honored Contributor

@GreenCarbonMail 

On 9/15 I replied to your post:
Here's trademark info again:
Hocus Pocus
<https://trademarks.justia.com/851/35/hocus-85135472.html>

The Godfather--
<https://trademarks.justia.com/787/57/the-78757523.html>
To help you understand about The Godfather image--
Placing the Godfather image next to your image, in court you would have big problems, too much similarity,re confusion of brand.
The same exact font, Flipping the d to a b, changing the G to an L, and the hand is exactly the same.
You can let Z protect you, or deal with Paramount in court,.
FYI----Paramount has gained the rights to make more Godfather films.

Screen Shot 2023-09-26 at 9.09.23 PM.pngScreen Shot 2023-09-26 at 9.09.53 PM.png

Report the violations that you find in search

Fiorenzo
Valued Contributor II

Nice coincidence - and info - regarding HOCUS POCUS. Actually working on Halloween stuff and was wondering. I'm a bit confused about the TM info. It says the wordmark is abandoned but on the other hand there is still the clothing category marked as active. I personally assume, we can use the term since there is no active TM on it, but not sure if this applies also to clothing? So, in theory, using HOCUS POCUS on all products but clothing should be fine? Your opinion? P.S. I'm not a greenhorn in terms of TMs, dealing with it since the mid-90s, but sometimes it feels like a survival attempt in a deep nasty jungle, with deadly things luring at you behind every second tree.

Edit: Regarding The Godfather, you are 100% right, this sort of adaption is definitely a no-go.

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GreenCarbonMail
New Contributor III

Thanks for the feedback. I understand where Zazzle is coming from, but I'm taking the most issue with seeing so many obvious violations that are not parodies but copied from the movie still up on the site.

@
@GreenCarbonMail 

I understand your frustration, you got notified when others remain. There is a report this on each product that is in violation. It would take several if not more full time employees playing whackamole to find , notify and remove each image in violation. Then hundreds more pop up. Z obviously doesn’t have the staff, but you can notify using the link. Then they can take action.

InsideOut
Contributor

The main problem with doing any kind of parody design is you usually have to mention what it's a parody of and that right there is an IP violation because you can't mention that in your tags, title or description. The other issue is that "The Lobfather" is not really a parody - you're simply using a protected logo and changing it around a bit in a funny way but since it's not in any way related to the movie it doesn't really qualify as parody as I understand it. And even if it did, I can say from experience that Zazzle has no tolerance for this type of design and that's why I eventually gave up on them completely. Even when it's a legitimate parody like the one I did for UPS years ago where I changed "UPS" to "OOPS", Zazzle simply wouldn't allow it so I finally surrendered to the content gods and moved on. So far as others posting these types of designs in the marketplace, they just haven't been caught yet, but if someone buys one of theirs then Zazzle will remove it and cancel the order.

Amanda23
Contributor III

Unfortunately, I have just had the same problem. I even specifically chose a graphic without the puppet hands because I thought this was too close. I didn't see you had this problem until just now after my items were pulled down and I came to the forum and typed in "parody."

Like you, there are multiple other graphics and products that are way closer than mine to the original. Additionally, I'm a little upset about how things occurred. 

When I saw the email from support this morning, I wrote back because I thought I found the problem: I had a tag under one product (a hand towel) that said "grillmaster." I remembered seeing designs with this wording, so I thought maybe it would be a good tag. So I googled the term and found that Sunbeam has a product of the same name. I tried to change it to two words or even delete it, but I think it must have been locked because I couldn't do so. 

I then wrote and asked if this was the issue and told them I proactively went through and checked all the other products that used the graphic and made sure I hadn't used this tag. I let them know as well that I had permission to use the graphic from the original artist through Creative Fabrica. In the same email, I also asked if I should remove the other products. 

I received an email back later today that said Paramount had complained. I wrote back again to ask if I should remove the rest and informed them that many other designers had products up with this parody. I told them as well that I think it should fall under the parody protection as it clearly plays on the words and does not threaten or portray the original in any sort of negative light. 

After emailing, I went to hide the products until I heard back, only to find they had all been deleted. 😞

I have now gone on to social media and eliminated all the links I had created to try to advertise the collection where this product was listed. 

I am also now wondering if I should pull down all of my "Super Daddio" items. Sigh. Zazzle The Grillfather Cool Father's Day Glass (Front).png