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Picture of Kentiki
Posted
I just got a pending images notice from cafepress. They flagged about 6 of my best-selling images out of nowhere! What the hell is going on? Now even if they re-instate the images in question, I would have to re-apply them to products. Not to mention how terribly slow and awkward cafepress is!

This is terrible. I will miss my premium shop, but now it's just not worth it.

Ken


Buddha_belly: The Zen of Automobilia
 
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Picture of Tanith
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First, if you get the images restored you would only have to reapply them if you deleted them from the products yourself.

Next if you don't understand why they are pended you can ask. But before you do that read the terms of service and the FAQ. You will want to look at your images and your tags and your descriptive text to see if you used trademarked items such as a manufacturer name or photos or drawings of identifiable products (e.g. a car).


Diane Blackman
Experiment! Try things! Then if you can't figure it out - ask.
Play with Your Dog
 
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Picture of DesignsOutOfMind
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From looking at your shop, I would assume it was the mini cooper designs.

You simply can't make money on someone else's product. I would assume that the company asserted their rights to protect their property

Good Luck

Hugs
Susan



Buzz Edition Blog
 
Looking for hot newsworthy quality designs and the big story they were inspired by. PM me with the design link and a link to the story behind it for inclusion at Buzz Edition. Entertainment, Elections, Pop Culture, Etc.
 
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Picture of Pfoinkle
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Actually, the Mini stuff looks like it's still available -- including the Nascar logo ripoff... and those usually get nailed pretty quickly.

But definitely a store teetering on the thin grey line.



--------------------------------------------------------------
pfoinkle is pronounced p'foyn-kel, but it isn't easily offended
Pfoinkle Garb          The Pink Bow Shoppe
Pfoinkle Twitters without knowing why
It's not that I have too much time on my hands, it's that I don't sleep enough.

 
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Picture of DesignsOutOfMind
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I guess that shows how brain dead I am...I forgot to click.

I really just glanced at the front page...ok well...maybe it's just laziness ROFL

Hugs
Susan



Buzz Edition Blog
 
Looking for hot newsworthy quality designs and the big story they were inspired by. PM me with the design link and a link to the story behind it for inclusion at Buzz Edition. Entertainment, Elections, Pop Culture, Etc.
 
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Picture of Tanith
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I'm going to guess it is a difference in trademark laws. The Mini Cooper trademark might not get the same treatment as a US auto will.


Diane Blackman
Experiment! Try things! Then if you can't figure it out - ask.
Play with Your Dog
 
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Picture of Pfoinkle
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Either that or the Mini-Cooper people don't care about "fan art"... or haven't found it, yet.



--------------------------------------------------------------
pfoinkle is pronounced p'foyn-kel, but it isn't easily offended
Pfoinkle Garb          The Pink Bow Shoppe
Pfoinkle Twitters without knowing why
It's not that I have too much time on my hands, it's that I don't sleep enough.

 
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Picture of ShopaholicChick
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i have had designs that were up there over 2 years before being dinged as trademark infringement - and one of them was onna my top sellers (a song lyric) - if your treading that line between your own unique idea and a bite off from someone else...you have to be prepared to pay the price - be glad they only yanked the designs and you made money off it while it was there - instead of them just filing the lawsuit and taking you for everything you made and more!!
 
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Picture of Kentiki
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OK, I see the point with some designs, but then others I just don't know. E.g., if I draw an illustration of a car and leave off names, etc., that should be OK. I know of dozens of CP stores with the same type of thing going on.

Ken


Buddha_belly: The Zen of Automobilia
 
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Picture of DesignsOutOfMind
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If you draw a picture of Mickey Mouse and leave off the name, is that ok?

hugs
Susan



Buzz Edition Blog
 
Looking for hot newsworthy quality designs and the big story they were inspired by. PM me with the design link and a link to the story behind it for inclusion at Buzz Edition. Entertainment, Elections, Pop Culture, Etc.
 
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Picture of Pfoinkle
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quote:
if I draw an illustration of a car and leave off names, etc., that should be OK.


Not if the car is recognizeable as a particular make/model. Volkswagen has gained a bit of infamy over this very issue.

And in addition to laws you'd be dancing around, you also can't do anything that CP would determine to be in violation of its TOS.

quote:
I know of dozens of CP stores with the same type of thing going on.


Yeah, the art one shop has is never a good metric for the art you can have. They may not have gotten caught yet, they may have a licensing deal, or there may be some aspect of the law that causes your work to cross a line that theirs doesn't.

Getting CUP'd is not the end of the world (been there, done that), but if you're going to splash around in the grey water, it's a good idea to educate yourself about the risks.



--------------------------------------------------------------
pfoinkle is pronounced p'foyn-kel, but it isn't easily offended
Pfoinkle Garb          The Pink Bow Shoppe
Pfoinkle Twitters without knowing why
It's not that I have too much time on my hands, it's that I don't sleep enough.

 
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Picture of Teesed
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quote:
I know of dozens of CP stores with the same type of thing going on.


You may want to check out this thread.


 
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Picture of Kentiki
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quote:
Originally posted by Pfoinkle:
Actually, the Mini stuff looks like it's still available -- including the Nascar logo ripoff... and those usually get nailed pretty quickly.

But definitely a store teetering on the thin grey line.


Yeah, the ripoff is called "parody." Comedians do it legally all the time.

Nice bows by the way.


Buddha_belly: The Zen of Automobilia
 
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Picture of Blipfish
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quote:
Originally posted by Kentiki:

Yeah, the ripoff is called "parody." Comedians do it legally all the time.



Yes, but commercial usage can be a little different.


........................blipfish........................

I am Blipfish.
 
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Picture of Pfoinkle
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Yeah, NASCAR doesn't so much care for people using their logo for commercial gain.

But I agree that "parody" is the best choice for a defense argument in a lawsuit.

quote:
Nice bows by the way.


Maybe it's just my cynical streak, but I don't think that you're being sincere about muh bows. Frowner



--------------------------------------------------------------
pfoinkle is pronounced p'foyn-kel, but it isn't easily offended
Pfoinkle Garb          The Pink Bow Shoppe
Pfoinkle Twitters without knowing why
It's not that I have too much time on my hands, it's that I don't sleep enough.

 
Edit or Delete MessageReport This Post
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