Copyright infringement cases relating to jewelry are on the rise, with retailers attempting to make an extra buck by having cheaper knock-offs made of trendy pieces they see in boutiques, magazines, or around town, and then selling those copies to the public. The sine qua non in such a case is substantial similarity, as any attorney with brains can tell you. Mmmmm, brains.
update: Hot Topic has pulled their necklaces from online and apparently from sales floors while they "investigate"
I'd love some outside opinions on this one. I've been making these I Heart Brains Best Friends Necklace Sets since 2010. Soon after posting them they were featured in a variety of different places online and I ended up with orders my two hands couldn't keep up with. This is the first green set I sold:
and hot topics recent version of the same thing:
The part that gets me the most is there are many ways to make brains and the way I've specifically chosen to do them isn't the same as a real brains texture. It's a technique I use because of my medium of polymer clay, which is not the medium they've used. It feels like a copy to me and even gave my guts a churnin' once I stumbled on them. After contacting hot topic and getting no response, I was wondering what others might think