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Post by Deleted on Mar 20, 2015 23:03:45 GMT
Seriously. I got the Etsy equivalent of a VERO notice from Elf on a Shelf for a Christmas craft book I had listed that had a pattern/directions for a generic Christmas Elf in it. I did not use the phrase "Elf on a Shelf" or the word "Shelf" anywhere in the listing. They don't own the word elves, nor did they invent them. The book was published 7 years before Elf and a Shelf became a thing and began pooping out raisins or whatever the F that ugly/scary looking thing does. They totally copied it off those vintage Christmas elves we had back in the 70s anyway. How dare they.
ETA it wasn't a Christmas craft book, it was a holiday craft book. There are projects for witches, Easter bunnies etc too. This could turn into a real horror show if the Wicked Witch of the West or the Trix rabbit get involved. If I'm not heard from for awhile, assume I'm being held captive by the Keebler elves.
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Post by Deleted on Mar 20, 2015 23:11:02 GMT
What? That's ridiculous. Did Etsy take down your listing?
I just searched "Elf of a Shelf" and got 890 results - including a lot of handmade stuff (crochet patterns, door hangers, etc.)
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Post by Deleted on Mar 20, 2015 23:32:26 GMT
Yes, Etsy took it down at EOAS's request and sent me some legal mumbo jumbo crap. I just filed the copyright counter notice, not because I care about being able to relist something I'll be lucky to get $5 for but because I hate their (EOAS's) bullying techniques over something that isn't even original and that they are just flat out wrong on. I guess they don't teach reading 101 in law school these days.
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kritter
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Post by kritter on Mar 21, 2015 0:41:14 GMT
What a bunch of idiots. Big bundle of bully elves.
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Post by Deleted on Mar 21, 2015 2:35:42 GMT
Must be some of those south pole elves running the show there  |
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kritter
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Post by kritter on Mar 21, 2015 2:41:47 GMT
Its an Elf Mafia!
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val2525
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Post by val2525 on Mar 21, 2015 6:20:09 GMT
I can see it now…new TV series…. Breaking Elf.
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Post by Deleted on Mar 21, 2015 13:52:32 GMT
How strange! Having that creepy EOAS coming after you is the stuff nightmares are made of.
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Post by Deleted on Mar 21, 2015 16:50:34 GMT
So apparently when the Elf has nothing to do in the off season, it runs around tattling to the lawyers instead of Santa?
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val2525
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Post by val2525 on Mar 21, 2015 18:32:42 GMT
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Post by zoesam on Mar 21, 2015 18:58:23 GMT
WTF is an elf on a shelf...off to google.
eta: Ummm, wish I hadn't googled  |
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Post by RetroMonde on Mar 22, 2015 1:18:39 GMT
Another vintage thing that copied by a corporation, like the dammit doll, if you've ever seen one of those. In addition to Elf on a Shelf, there's also the Jewish version, Mensch on a Bench. I just about fell over when I saw THAT one at Target in December.
Sandra
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Post by chapeaunoir on Mar 22, 2015 2:16:22 GMT
Elf on a Shelf shows up at a lot of the computer trade shows - I suspect they're pretty aggressive.
Having seen what Starbucks has tried to do to local indie coffee shops here (and for a while did until local citizens banded together), I'd file a counter claim in a flat second. I hate corp bullying.
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Post by Deleted on Mar 22, 2015 3:15:58 GMT
Yes, the counter claim was filed. I had to solemnly swear to a lot of scary sounding legal mumbo jumbo, but I'm right and they're wrong and I'm big on principal.
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Post by sunsetpainter on Mar 22, 2015 3:17:45 GMT
I've noticed a lot of those Etsy titles have "Elf on the shelf" instead of "Elf on a shelf". Would that make a difference?
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Post by chapeaunoir on Mar 22, 2015 6:14:04 GMT
Apparently they're going after her for the mention of "elf". Red Bull went after a brewery in England (of all places) which called themselves Redwell, after the street they were on, stating that Redwell brewery would 'taint' their brand. I used to drink that crap when I was racing - seriously, how can you make Red Bull any worse? Little Redwell got up in arms and took it to them and Red Bull backed down with some weasely statement which no one believed, saying OK, as long as Redwell made no energy drinks. The brewers thought that was actually funny and I doubt it did Red Bull's UK sales any good. Then Red Bull went after Old Ox brewery in the states because they didn't like their logo - which was a circle with an X in it. "But according to Red Bull’s legal filing, “An ‘ox’ and a ‘bull’ both fall within the same class of ‘bovine’ animals and are virtually indistinguishable to most consumers. In addition, an ox is a castrated bull"  They're afraid that people will confuse beer with the chemical sludge they cook up. They backed down with a similarly weasel statement, but now they want to patent the colour red. You have to fight these b@stards where you find 'em. |
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Post by Deleted on Mar 22, 2015 12:38:19 GMT
I've noticed a lot of those Etsy titles have "Elf on the shelf" instead of "Elf on a shelf". Would that make a difference? I'm not sure which is even correct, but I'd guess either is close enough to the other to be a problem. I didn't say shelf or suggest that someone make the elf project (which is artisan and looks nothing like theirs) and use it in place of buying their crappy, ugly, nasty elf to terrorize their children into behaving. Chap is right, their issue is they think they invented "elves" or that they're the only ones allowed to use the word - go sue JK Rowling, JRR Tolkien and Keebler then. |
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Post by Deleted on Mar 22, 2015 15:14:31 GMT
Another vintage thing that copied by a corporation, like the dammit doll, if you've ever seen one of those. In addition to Elf on a Shelf, there's also the Jewish version, Mensch on a Bench. I just about fell over when I saw THAT one at Target in December. Sandra I saw that on Shark Tank-I think the creator got a deal but not positive. I always told my kids when they were younger we had a Hanukkah Harry |
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Deleted
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Post by Deleted on Mar 22, 2015 15:15:47 GMT
Seriously. I got the Etsy equivalent of a VERO notice from Elf on a Shelf for a Christmas craft book I had listed that had a pattern/directions for a generic Christmas Elf in it. I did not use the phrase "Elf on a Shelf" or the word "Shelf" anywhere in the listing. They don't own the word elves, nor did they invent them. The book was published 7 years before Elf and a Shelf became a thing and began pooping out raisins or whatever the F that ugly/scary looking thing does. They totally copied it off those vintage Christmas elves we had back in the 70s anyway. How dare they. ETA it wasn't a Christmas craft book, it was a holiday craft book. There are projects for witches, Easter bunnies etc too. This could turn into a real horror show if the Wicked Witch of the West or the Trix rabbit get involved. If I'm not heard from for awhile, assume I'm being held captive by the Keebler elves. Sorry this happened to you-maybe Etsy is more like Ebay than I realized. They may get worse since they're going for an IPO |
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kritter
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Post by kritter on Mar 22, 2015 16:30:00 GMT
Yes, the counter claim was filed. I had to solemnly swear to a lot of scary sounding legal mumbo jumbo, but I'm right and they're wrong and I'm big on principal. EXACTLY!!!!! I will go to the mat too if I think I am right. Its "the Principal of the Thing".  |
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Post by Deleted on Mar 22, 2015 16:32:31 GMT
What was the title of your book? Is anyone else selling it on Etsy?
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Shirley U Geste
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Post by Shirley U Geste on Mar 22, 2015 17:51:37 GMT
I hate companies that take an idea or a name for something that has been around forever and trademark it as their own.
Uggs is a perfect example. That style of boot has been called an ugg for decades. They basically stole a common term, trademarked it and jump on anyone else who even mentions the word.
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Post by chapeaunoir on Mar 23, 2015 20:27:10 GMT
I think they'll back down, but it is the principal of the thing. The more people oppose these types of illegal bullying, the less these companies will be apt to engage in them.
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Post by jandsknight on Mar 26, 2015 18:43:21 GMT
The principal thing here is that the "elf" is not adhering to legal principles.
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Post by Deleted on Mar 27, 2015 3:14:21 GMT
I heard back from etsy legal that the counter claim thing was for copyright violations and mine was an alleged trademark violation so it isn't valid. I have no idea what the difference is and haven't heard back from the elves who don't need to respond i guess if the claim compelling them to isn't valid. I just put it back up on eBay, where it was listed for some time before with no issue and where many others are also listed (as they are on Etsy). I'm amusing myself with liking all the bad reviews on Amazon.
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