 Groups: ProSeller
Joined: 9/26/2009 Posts: 118 Location: Reno
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I think that most people will not read your recent addition to your post under "Royal Navy"...which now includes that someone does not want products that says "I (heart) New York" on Zazzle products.
I think you should make it a separate post.
I am flabergasted at the amount of census (i.e copyright,trademark) that is happening to our site! Is everything copyrighted and or trademarked? Why is Zazzle a target?
I Love (heart) New York? Now forbidden? Are you kidding me?
I am sooo sorry this is happening! It is nuts! Is there something we as shopkeepers can do? Do we have a fight?
I am just sayin'. WOW!
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 Groups: ProSeller
Joined: 12/3/2008 Posts: 3,368
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I  New York has been trademarked for a long time. KTVFashion reply to the email and ask exactly what the problem is. They will tell you. It might be something in tags or description.
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 Groups: ProSeller
Joined: 9/16/2009 Posts: 5,425
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If you read the latest post in the news section from Zazzle it will provide you with an explanation. I love New York products are currently getting pulled. Editing to include the explanation from Zazzle. Quote:Hi Zazzlers,
Please know that Zazzle has been contacted by Representatives from the New York State Department of Economic Development and CMG Wordlwide to remove all products that contain I♥NY.
Anything that contains or resembles this will need to be removed.
Thank you for your understanding.
The Zazzle Team
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 Groups: ProSeller
Joined: 9/26/2009 Posts: 118 Location: Reno
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Maz- The fact that the term has been copyrighted for a long time was not my point. Great for you that you knew. Kudos and a brownie point for you. 3,000 or more shopkeepers didn't know and have had those products posted for sale, for many years and many have sold those products with no problem. Now,they will be pulled. I feel it is wrong.
My point was that, it seems like EVERYTHING these days seems to be copyrighted or trademarked. This limits our designs and /or text! I am amazed at what is now "copyrighted" and "trademarked". Simple phrases,images and text....off limits. Like the "tree" at a California golf course.
Do you realize that the word "love" is not only- copyrighted,but also a "trademark"? All of our products that have the stand alone word "LOVE" could be pulled if some corporation complains.
I had a product pulled that read "Country Girl". Trademarked. My sister couldn't get a totebag made with those words!
I had a friend that wanted her name put on a "baseball" shirt. Her name is Bambi. She couldn't get it!
I am JUST saying.
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 Groups: ProSeller
Joined: 11/20/2009 Posts: 1,872 Location: West Palm Beach
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Wow, that's pretty messed up. I wonder how many customers we are losing, because of this? If this keeps up, business can get pretty limited.
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 Groups: ProSeller
Joined: 12/3/2008 Posts: 3,368
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Country girl and country boy are trademarked by the same person. Another shopkeeper has had to deal with him in the past, and it was a horrible experience for her.
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 Groups: ProSeller
Joined: 8/13/2009 Posts: 139
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I had some country boy / girl things pulled a while back. Seemed like such a simple common phrase when I thought to use it... I never imagined it would be a problem. It is all really getting way beyond ridiculous... The NY one is just disgusting too  , I don't even have those products but feel bad for anyone who did. How is it even legally possible to copyright or trademark things like that, it just seems so bizarre.
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 Groups: ProSeller
Joined: 8/9/2008 Posts: 43
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Would you rather be forced to pay back any royalties you previously made on trademarked or copyrighted material? Would you rather the companies that own the trademark sue you for profiting commercially from their legal property? I think having it taken down, no harm no foul, is much, MUCH better.
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 Groups: ProSeller
Joined: 8/27/2007 Posts: 2,713
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If someone has a line trademarked such as the I heart New York, they did that to protect their income from use of it. The point of designing items is to design unquie designs, not copycats of already famous ones. I love the Alabama football team but I'm not allowed to create those products and understand why. Instead of getting frustrated for copyrighted items being pulled use that energy to create NEW designs that are yours.
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 Groups: ProSeller
Joined: 5/30/2008 Posts: 128 Location: Yountville
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I had a celebrity portrait of my own work to reproduce on canvas or print pulled off twice from Zazzle while noting other artists with also their original work is still up. First, I do have the right to create original artwork, while photography is another issue and at the core of the celebrity privacy rights. My feeling is that someone has anonymously reported a violation, and I have heard tell that it's not necessarily by those who hold copyrights, but more from competition in the marketplace, as paranoid as this claim may sound. It's infuriating when this happens, and with our judicial system, prohibitively expensive to defend your rights. Secondly, another issue that comes into play, and brought to attention by SweetRascal, is commercial usage, and whether an offensive celebrity display. At the core here is more of the potential loss of sales by the licensing group. Artists rights are becoming fewer and fewer with the oh so many laws, no matter how creative and original the work.
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 Groups: ProSeller
Joined: 5/30/2008 Posts: 128 Location: Yountville
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Here's something to consider with original celebrity portrait art: it can be posted and sold as original art, but without questionable copyrighted tag reference, which of course is commercial exploitation for profit by all definition. Public figures, especially celebrity or of notable status, have always been the subject of artists, and will always be. Anyone with any thoughts to this?
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 Groups: ProSeller
Joined: 12/3/2008 Posts: 3,368
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Yeah, you can't do it here. They can, and will, sue you. You are infringing on their intellectual property. Everyone has the right to say how their image/name can be used. I can't draw a picture of my daughter, and try to sell it without her written permission. It's her likeness, and she has legal rights to it.
Even if you see something like this in the marketplace doesn't mean Zazzle allows it, or will allow anyone to buy it. Nothing except stamps (and keds when they return) are pre-approved. They haven't been reported yet, or someone hasn't tried to buy them yet. When they do, Zazzle will pull them.
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 Groups: ProSeller
Joined: 5/30/2008 Posts: 128 Location: Yountville
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You're right Artsy, if the artwork in question has been posted and with a potential sale, Zazzle will pull the product, even if original artwork. As I previously stated, you can challenge your rights but at great expense to do so. More at issue are photographs and photographic knockoffs. What's of interest to note, is that if the celebrity is deceased, an artist can approach the estate for permission which may or may not be granted and possibly as a licensed product.
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 Groups: ProSeller
Joined: 10/3/2009 Posts: 404
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SweetRascal wrote:If someone has a line trademarked such as the I heart New York, they did that to protect their income from use of it. The point of designing items is to design unquie designs, not copycats of already famous ones. I love the AAlabama football team but I'm not allowed to create those products and understand why. Instead of getting frustrated for copyrighted items being pulled use that energy to create NEW designs that are yours. Well put. I think a lot of people here were not even born yet when the NY advertising campaign was so huge back in the 80's or 70's, whenever that was. As someone who experienced it, you might as well be arguing for the right to make money off the Mouse (as an artist).
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 Groups: ProSeller
Joined: 5/30/2008 Posts: 128 Location: Yountville
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Well, I was one of the ancient ones working in advertising in the 70's, 80's and 90's and the importance of copyright/trademark/registration mark protection really only came into play with name brand identity and logos, logotypes, slogans and taglines, and rightly so. Clients paid a lot of money for image and brand name development. It would be a rare case where an artist would be slapped with a cease and desist notice using any public entity in their art. The difference here being that it is art, and art not peddled on t-shirts, mugs et al. Good comments from everyone. Have a good day all!
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 Groups: ProSeller
Joined: 12/3/2008 Posts: 3,368
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 Groups: ProSeller
Joined: 8/13/2009 Posts: 139
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I'm not at all against protecting unique works.  I totally understand the absolute need for it in the right situations, and appreciate the benefits it gives me as an artists as well. And I am not even upset about those who managed to get it protected, and are now going to the necessary means to enforce it - as is their legal right. I just have a hard time understanding how such common things are not denied protection in the first place.
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 Groups: ProSeller
Joined: 7/3/2010 Posts: 68
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The Hungarican Princess wrote:I think that most people will not read your recent addition to your post under "Royal Navy"...which now includes that someone does not want products that says "I (heart) New York" on Zazzle products.
I think you should make it a separate post.
I'd agree. Seems like this is one that could significantly impact lots and lots of Zazzle sellers. Especially in the terms of this part: "Anything that contains or resembles this will need to be removed." Keyword "resembles". I'd like to see a better parsing of what "resembles" might mean. Does this extend to mean, for example, no images of "I  " anything?
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 Groups: ProSeller
Joined: 4/24/2009 Posts: 239
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BedazzledByZazzle wrote:I'm not at all against protecting unique works.  I totally understand the absolute need for it in the right situations, and appreciate the benefits it gives me as an artists as well. And I am not even upset about those who managed to get it protected, and are now going to the necessary means to enforce it - as is their legal right. I just have a hard time understanding how such common things are not denied protection in the first place. Was it common? Or did they popularize it to make it common?
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 Groups: ProSeller
Joined: 5/7/2008 Posts: 800
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I understand when something iconic is trademarked. The I heart New york design has been around for decades and was what started the whole I love this or that trend.
What bugs me is when people try to trademark stuff that is already in the common vernacular. Common phrases that people are already saying like get lucky or life is good. That is weak. If you can't be creative then maybe go be an accountant or something.
I know this isn't zazzles fault, I just wish they would make the law state you have to be the one who came up with the phrase or design in order to tm it.
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