Baby Style Icon Copyright Violation Correspondence


---- On Sun, 11 Oct 2015 01:53:26 +0800 eleventy-five wrote:

Please be informed that you are in violation of our original and internationally copyrighted 'Arrows' design in your listings on several online sources, including those at http://babystyleicon.com/collections/body-suits/products/arrow-baby-onesie. Please note the attached image showing our original 'Arrows' design overlapping the same design used in your products. 
  
We kindly request that you cease using the 'Arrows' design and immediately remove all listings and images referencing the 'Arrows' design from all stores (online or otherwise), including but not limited to https://instagram.com/p/7xZUiNvwLC/?taken-by=babystyleiconhttps://instagram.com/p/6hPjJqvwC1/?taken-by=babystyleicon, and https://instagram.com/p/56zGp-vwMZ/?taken-by=babystyleicon, and any online web blogs or sites, including but not limited to Tumblr, Facebook, Twitter, and Pinterest. 
  
We will be forwarding this case along with our violation illustration to our attorney Monday morning to discuss further action regarding this case. Should you choose to disregard this letter and continue to violate our intellectual property rights we will aggressively pursue monetary compensation as well. 
  
babystyleicon_violation.jpg
  
Jessica Wells 
Owner/Designer  
  
eleventy-five 
Website: http://eleventy-five.com/ 
Facebook: https://www.facebook.com/3x5eleventyfive 
Instagram: http://instagram.com/eleventy_five

 

 

---- On Oct 11, 2015, at 3:42 AM, enquiries <enquiries@babystyleicon.com> wrote:

Hi Jessica,
Actually this is not our design and we have never claimed it to be. We purchased this in a wholesale market in Seoul Korea as we are just an online reseller. While we were in Korea we saw many arrow designs and I myself have seen very similar if not the same designs selling in Australia and Europe stores. 
Firstly, please present us with some proof that you have this design copyrighted and patented as your original works as we have spent money on the purchase of it and therefore have this stock to clear and will not be removing it and making it dead stock unless we have proof that we are reselling a copy of someone else's work. 
Secondly, which countries do you have IP rights for this design as i believe that a US patent or trademark does not allow protection in another country which means that you would of had to apply for protection in each of the countries that you are seeking it from. Please speak to your attorneys on Monday regarding this and clarify the matter before you actually threaten to aggressively pursue for monetary compensation. 
Thirdly, if this is truly your design I am sorry that you have had it copied by other people, it is a compliment in its own right, but having said that if I were you, i would concentrate my efforts into catching the people or factories that are copying it and selling it to the mass market. All i can tell you is that i found this in Seoul, Korea at a wholesale market.
Please furnish me with the necessary documents and I will remove the stock from our store. 
Thanks
Belinda

 

----  On Oct 15, 2015, at 7:08 AM, eleventy-five wrote:

Belinda, 

Thank you for your response.
The Arrows design is copyrighted by me. You will be able to find my record which was filed in 2012 for that design via a search on http://copyright.gov/records/ (Click ’Copyright Search Records’ -> Search for my registration number: VA0001899578 -> Search by ‘Registration Number’).
A large number of countries including the United States, Singapore, and South Korea, are signatories of the Berne Convention [https://en.wikipedia.org/wiki/Berne_Convention] which is an international agreement governing the protection of copyrights held by the citizens of all signatory countries [https://en.wikipedia.org/wiki/List_of_parties_to_international_copyright_agreements].  While you may have found my Arrows design at a Korean marketplace, please be aware that this design was reproduced illegally and I have not sanctioned or licensed its use.
I’ve recorded my copyright registration with the United States Customs and Border Protection which guards against the infringement of United States patents, copyrights, and trademarks and which has the authority to seize imported merchandise that violates recorded copyrights [https://www.cbp.gov/sites/default/files/documents/ipr_guide.pdf].  Along with pursuing all available legal options, I will report an allegation of infringing importation regarding your brand selling illegally reproduced copies of my design which could result in packages sent to the United States being impounded for inspection.
I understand that you paid for my design and likely have inventory in stock.  Unfortunately, the design was taken illegally.  Please respect the hard work and effort I’ve put into building my business and remove my design from your website and all social media accounts immediately.
Sincerely,
Jessica
eleventy-five

 

---- On Mon, 19 Oct 2015 12:39:32 +0800 eleventy-five wrote:

Belinda, I’ve provided proof of our copyright.  This is the third notice to remove my Arrows design from your website and social media accounts immediately.

 

----  On Oct 20, 2015, at 10:02 PM, enquiries <enquiries@babystyleicon.com> wrote:

Why are you bothering to write to our suppliers? Haven't you spoken with your attorneys yet? I don't appreciate the tone and way you have went about this, please don't waste your time and threaten us again. Go speak to your "lawyers" instead 

 

---- On Oct 20, 2015, at 10:19 PM, eleventy-five wrote:

Belinda, you are knowingly selling illegally reproduced copies of my artwork.  Had you respected my copyright and simply removed my design from your site, we wouldn’t be in this situation.
I’ll ask again.  Please remove my designs from your store and all social media accounts immediately.