so a friend of mine went big and listed them on etsy and made a killing. well, she practically killed herself filling all those orders, but that's beside the point.
anyway, some company called "blankie tails" started contacting everyone who was listing these handmade blankets (plus a bunch of folks who were posting pictures of them just for fun, even if they were for personal use) and telling them they needed to take their listings and pictures down because it was copyright and patent infringement.
a quick search turned up no such patent or copyright, although i'm not very smart nor do i have any legal background whatsoever. LOL. but really...can they patent/copyright a freaking BLANKET?
They can copyright a pattern, but you'd be able to find that information easily. I doubt they would get a patent for a blanket, but stranger things have happened.
idk if it's legal, but I see it a lot of places. I've purchased a bunch of patterns over the years, and a lot of them (especially ones that are for newborn "prop" type pieces) will specifically say that you need to purchase a special (more expensive) license if you want to sell pieces you make using their pattern. Whether anything like that would hold up in court? No clue.
I've purchased a bunch of patterns over the years, and a lot of them (especially ones that are for newborn "prop" type pieces) will specifically say that you need to purchase a special (more expensive) license if you want to sell pieces you make using their pattern.
yeah, the pattern we were both using said that it was totally okay to sell products made from it. a ton of people did just that to make christmas money and a lot of them came back reporting the same thing about receiving a message from that website.
I have no legal background either, but aren't Patent's more for inventions? Are they claiming they invented this blanket? LOL No.
I don't know much of the details, but there are different kind of patents. So although they obviously aren't saying they invented the blanket, they could be trying to say they have a design patent or a certain utility patent that people have breached. I don't know how plausible that is, but I think patent law is pretty complicated, so it isn't a foreign idea that something like this could have a certain type of patent.
So only if it's blue and green? I do know that the company that started the Taggie books shut down a lot of etsy sellers who were selling the taggie blankets, books, and balls. You can call them something else sellers can't have that size taggie and or ribbon - it has to be made out of a different material.
Also, Gerber owns the use of the word "onesie". Every now and then, there will be a crack down on etsy too.
Post by illgetthere on Feb 5, 2016 15:41:25 GMT -5
I don't know the specifics with mermaid blankets, but I do know you can patent almost anything. I work for an engineering firm and they patented a Christmas ornament for the hell of it. It's just a printed circuit board in the shape of a Christmas tree with a hole in the top for hanging, but no one else can do it (not that they'd want to).
the message they've been sending says "at blankie tails inc. we take copyright, trademark and patent infringement seriously and we expect you to as well. our products may not be copied or replicated without prior written consent which you do not have. to resolve this matter amicably remove the post from your etsy page and take down the listing from your site. should you not remove the post and product listing legal action will be taken by blankie tails inc. should you have any questions..."
no particular numbers cited. and yeah, the pattern we both bought and are using specifically says small home-based businesses are welcome to sell products made from it right on the cover page.
I don't know the specifics with mermaid blankets, but I do know you can patent almost anything. I work for an engineering firm and they patented a Christmas ornament for the hell of it. It's just a printed circuit board in the shape of a Christmas tree with a hole in the top for hanging, but no one else can do it (not that they'd want to).
I have seen the blankie tails advertised on tv.
That's not true. Maybe they got a provisional patent on it, but provisional patents expire after a year if you don't move forward with a full patent application, which had to be prosecuted with the patent office.
So only if it's blue and green? I do know that the company that started the Taggie books shut down a lot of etsy sellers who were selling the taggie blankets, books, and balls. You can call them something else sellers can't have that size taggie and or ribbon - it has to be made out of a different material.
Also, Gerber owns the use of the word "onesie". Every now and then, there will be a crack down on etsy too.
[notalawyer]That's how I'd interpret it too. There's such a thing as being too vague in your patent language, but you can also be too specific.
wannabe, if they have the pattern where it says that they are free to use it however they choose then they should be all right and these people are assholes.[/notalawyer]
the message they've been sending says "at blankie tails inc. we take copyright, trademark and patent infringement seriously and we expect you to as well. our products may not be copied or replicated without prior written consent which you do not have. to resolve this matter amicably remove the post from your etsy page and take down the listing from your site. should you not remove the post and product listing legal action will be taken by blankie tails inc. should you have any questions..."
no particular numbers cited. and yeah, the pattern we both bought and are using specifically says small home-based businesses are welcome to sell products made from it right on the cover page.
I would respond and attach the document with the proof that you purchased (licensed) the pattern and the agreement is not being breached.
They could have filed a design patent application for the ornamental look of the resulting blanket, but it is really easy to design around most design patents, as they are generally interpreted pretty literally by the PTO.
I don't know the specifics with mermaid blankets, but I do know you can patent almost anything. I work for an engineering firm and they patented a Christmas ornament for the hell of it. It's just a printed circuit board in the shape of a Christmas tree with a hole in the top for hanging, but no one else can do it (not that they'd want to).
I have seen the blankie tails advertised on tv.
That's not true. Maybe they got a provisional patent on it, but provisional patents expire after a year if you don't move forward with a full patent application, which had to be prosecuted with the patent office.
It doesn't pull anything for blankie tails. It has over 3k hits for PA and blanket. The blankie tails website lists their items ad patent pending but does not give a number.
That's not true. Maybe they got a provisional patent on it, but provisional patents expire after a year if you don't move forward with a full patent application, which had to be prosecuted with the patent office.
What's not true?
That you can easily patent anything. A full patent is difficult and fairly expensive, depending on the category/field.
Unless you're talking about a provisional patent, which isn't really enforceable.
When a friend had something patent pending, when she saw copycats there was nothing she could do until she actually had the patent.
That's my experience with this. Lol
Yep, I worked for a start-up and my boss loved to laugh at ads that read "patent pending" because it doesn't mean shit until you have the actual patent.
If they have filed a patent application, they can enforce it from the filing date, once it issues, IF it ever issues, which isn't guaranteed.
None of that matters though, since the OP has a license that allows for resale. And it's super vague - it doesn't say she can only make $XX, it doesn't say she can't sell them in an online store. She's not violating the license, so this company has no legal ground.
the message they've been sending says "at blankie tails inc. we take copyright, trademark and patent infringement seriously and we expect you to as well. our products may not be copied or replicated without prior written consent which you do not have. to resolve this matter amicably remove the post from your etsy page and take down the listing from your site. should you not remove the post and product listing legal action will be taken by blankie tails inc. should you have any questions..."
no particular numbers cited. and yeah, the pattern we both bought and are using specifically says small home-based businesses are welcome to sell products made from it right on the cover page.
There is a chance whoever sold it to you wasn't the actual copyright holder and didn't have the right to sell it