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Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 30899
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I sell hand sewn items on and received the following

Resolved Question:

I sell hand sewn items on and received the following: " This message is to warn you that you are infringing on my copyright. I am the original creator of the Water Resistanttant sleeve/case for iPods and Smartphones. Remove any reference to water resistance, water resistant layer or nylon layer immediately! You will hear from my attorney, if these are not removed." With further threats of suits, etc.

Based on this persons complaint, Etsy removed my items. I can challenge that but would be settled by a court and might have too much liability for me. It seems her term are generic and in the public domain. I need guidance regarding whether I should appeal and what would be my liability exposure??
Submitted: 7 years ago.
Category: Intellectual Property Law
Expert:  Roger replied 7 years ago.
I don't think this person knows what they are talking about - or she's either mixing words.

A copyright only covers original works like a painting or a novel - not an invention, which would be covered by a patent.

I think you should appeal and make this person try to prove what they're claiming.
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Customer: replied 7 years ago.
Perhaps she claims to have copyrighted such terms as water reisitant and nylong lining, which she proscibes us from using. Is this possible? What is the possibility of my incurring great financial liabilty if I appeal? Note - she has "patent pending" on her ads.
Expert:  Roger replied 7 years ago.
<p>I don't think she invented these words! If you're just appealing with the websites dispute resolution, a win or loss should not effect you. </p><p> </p><p>If she can prove what she says, then you will likely want to back off. However, it may be worth your while to go this next step. </p>
Customer: replied 7 years ago.

One final clarification - she claims to have created and copyrighted a water reisistant case/sleeve for iPod,/smart phone, MP3 (as noted earlier). Can this concept be copyrighted? Etsy apparently does not have a dispute resolution process, other than appealing their decision to remove items. Such an appeal apparently requires the complainant to seek court redress.


Btw, thanks for your help.

Expert:  Roger replied 7 years ago.
No. It would be a patent.
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