Since 2003, I have taken pride in providing doggie parents with a healthy alternative to processed dog treats. I’ve spent hundreds of hours researching the benefits of all the ingredients that I use as well as how it affects the overall health and wellness of the dog including developing my own recipes. I’ve given up time with my family and friends and spent thousands of dollars in marketing my items, paying for licensing and testing, and learning the do and donts of a sellers market. I’ve found out that my entire dog treat line had been “hijacked” by someone who I once considered a dear friend. The recipes, the names of my items, the content, mission, and research displayed on my website, the whole nine. Years of hard work, all mocked by someone who valued making a couple bucks over a friendship. In 2007, I signed up for Etsy and closed my Ebay shop. In my case, the violator, Amanda Toris of http://littlepies.etsy.com, whom I will refer to as Little Lies, a former friend as well as former customer, (see Ebay feedback date 2005 below) initiated what began as friendly contact with me after coming to the realization that I was a part of the e-commerce community, asking me to please remove some of my marketing materials as she did not wish to have people conclude that she was once a purchaser of my items, fearing that she would be known as a fraud. I immediately asked her to Cease and Desist using my recipes and asked for her to give proper credit towards the origin, stated the facts, quoted the law, played by the rules and conducted myself in a professional manner, only to be subsequently harassed by her and given the excuse that whatever is found on the Internet is public domain and free use. For three years prior, I held an Ebay store where I sold my organic dog treats that she was well aware of, as we were “friends” while I lived in NJ. We were shopping buddies and our dogs even played together. Somehow in her twisted mind, this public domain excuse made her actions permissible, and threatened me not to say anything bad about her “business”. After multiple requests to her to stop harassing me, I filed a complaint to [email protected] and was ultimately sanctioned by Etsy by having my listings edited for reporting the theft, with no rhyme or reason why they could not list the praiseful feedback I received from this buyer prior. There was nothing at the time in the Terms that stated that positive feedback from other sites could not be used as a marketing tool for a sellers Etsy shop. Period.
original link here: http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&ftab=AllFeedback&userid=organidog&iid=-1&de=off&items=25&page=2
To this day, the seller remains and continues to blatantly copy my recipes making slight adjustments to the products that she is passing off as her own, while operating illegally and uncompliant to FDA & AAFCO standards. . Bit of background here- she was also served with a C/D from another private company for originally starting her “business” in 2006 under the name “NJ Chocolate Lab” and hocking my recipes on Etsy as “Chocolate Lab”. Funny that she still holds the notice in her shop announcement that “due to circumstances beyond (her) control” she was forced to change her name. A part of being a responsible “business” owner is to register your business name and ensure that you are not infringing on the copyright and or trademark of others. Copyright law is sticky when it comes to recipes. In my case, they were copyrighted as a collaboration with clearly defined notations of the technique of preparation was well as my research. However, after speaking with two attorneys, it would be difficult to enforce as loopholes exist due to the swapping of the ingredients (ie- whole wheat flour for brown rice flour, apples for blueberries). At this point, it sits in the hands of the administrators at Etsy who unless I bring in the big gun lawyers, have said in a roundabout way that there is nothing that can be done. So Little Lies continues to rip off my shop because on Etsy’s watch, she can! .The most ridiculous copy came earlier this year when I had listed my “Apple Of My Eye organic dog treats” in my Etsy shop and within two weeks, Little Lies produced her rip-off, proudly stating that these treats were the “newest addition of the Little Pies legacy”, calling them “How You Like Them Apples”. Real cute, jerkstick. While Etsy and Little Lies may have tried to sweep it all under the carpet, I hoard paperwork and documentation like an 80 year old widow hoards cats. Screen shots, Etsy convos, Ebay auction listings dating back to 2004 complete with pictures, tax records back to 2003, as well as my copyright certificate. I am continuing to seek legal recourse in hopes that this matter will have its day in court and that Little Lies will be brought up on charges of larceny.
My shop is http://organidog.etsy.com. Check out the similarities.
You can locate my tax and product records dating back 2003 to as they should be “public domain” as well. *snort*
Verify my existence and feedback. I am Ebay user “organidog”, formerly “puppyloveconfections”