Carbon copies of my work illegally sold on Etsy by Amy L. Marshall

Carbon copies of my work sold on Etsy by Amy L. Marshall
Carbon copies of my work sold on Etsy by Amy L. Marshall

Carbon copies of my work sold on Etsy by Amy L. Marshall

Amy_L._Marshall_stolen_casts_comparison

It’s unfortunate that I’m having to post this article, but events have steadily increased for us to do something about this issue.

In June last year Amy L. Marshall in Australia placed an online order for a Skull ring (17mm). All was well and good, so we sent the package to her. End of story…

Only it wasn’t.

In December a friend notified me that a company called ‘The Moby Duck’ was selling casts of my Skull Ring on Etsy. I had a look and noticed three things. Firstly – Amy L. Marshall’s ring was an exact resin replica of my own. Secondly – Amy L. Marshall’s Etsy shop email was the same as her paypal email which purchased my ring. And unsurprisingly Amy’s cloned casts were the same size as the ring purchased. Pretty Conclusive.

I immediately contacted Amy L. Marshall to cease trading clones of my products but instead have received what can only be regarded as threatening letters from solicitor Andrew Watt of Gibson’s solicitors in Melbourne, Australia. Here are a few patronizing quotes:

“Skull rings very similar to both yours and our clients have long been designed and worn by broad sections of society, notably including the ‘biker’ culture and Keith Richards.”

They continue to deny any resemblance:

“Our client denies your allegations and absolutely did not cast a mould from your product.”

And finally, a bit of scaremongering:

“Should you persist with the publication of such defamatory content regarding our client, and in particular should you decide to embark on a social media campaign of smear and harassment we will advise our client that she should immediately commence proceedings against you.”

Please do not buy anything from this woman. People like her ruin our industry. It’s one thing to be influenced by someone and another to just cast a replica of someone’s work and sell it as your own. It’s not just my design’s she’s decided to reproduce as her own either. There were also many other cast products, likely carbon copies, being sold.

So far I have notified 4 shops that I have found selling her replicas. They have all ceased trading with Amy L. Marshall. If you see one, please send us as email so we can do the same.

Thanks,

Alex.

(This post will not be removed until Amy L. Marshal ceases to trade replicas of my product and royalties paid on all of my work sold.)

– If you would like a coloured skull ring please contact me and I can look into producing coloured resin casts from my model.

Advertisements
Comments
3 Responses to “Carbon copies of my work illegally sold on Etsy by Amy L. Marshall”
  1. Emma says:

    She should just steal from chain stores and supermarkets, probably an easier, less offensive way to earn a living

  2. roy says:

    What nerve! Blatant! Lawyers are dicks too, they only care about money. Karma will get the bitch!

  3. T says:

    Not sure about the laws in Australia, but in the U.S., as long as the copy is materially different (i.e. different scale or different color) it is not considered an exact copy. If you have a signature or maker’s mark on the piece and that mark is being replicated, then you may have a claim because the reproductions are claiming to be your original work and hence are counterfeit. Outside of that however, this may not actually be illegal. Alternatively, If you were able to obtain a design patent on this item, you may have a case worth prosecuting. Again, it sounds like that isn’t true in this case.

    It might be best to fight fire with fire here by just producing different colors and selling the heck out of them. Vastly outselling her is the best retort you can make.

    Just make sure the colors are slightly different than the ones that she is making, or else the shoe is on the other foot.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: