12 December 2011

When a China giant goes after the little guy...namely me

Do you ever feel like you're living in a dream. Do you ever sit back and wonder, is this really happening to me?

That was me...yesterday.

I have been working non stop. Ridiculous hours. Frantic pace. The whole nine yards. 

It is incredibly hard, but also terribly rewarding. Filling everyones Christmas orders, knowing the small part I might play in someones happiness Christmas morning...well...that just makes me smile.

And then it hit.

The email, or rather the Etsy convo. I get tons a day, seriously at least 20-30, so I unsuspectingly opened it up to read this:

This woman accused me of stealing a design, as well as the photos. She called me "cheeky"! The photo attached was a screen shot of MY design, with my daughters wrist on a site called Alibaba.com.

It literally took my breath away. Heart beating faster. Nauseousness building. 

How can this be?

I researched and found this link to my item for sale on their site, complete with my description as well as ALL five of my photos.

Violated.


I honestly don't know what to do. I don't have the funds or the time to take much legal action. And after even more research I learned they are the LEADING e-commerce site in China. CNBC just did a report on their great "success". Yes, success at stealing designs and recreating them. Nice Alibaba. Nice.

What still stings the most, is the fact that someone would accuse me of stealing a design. A design I created almost 2 years ago. A design I loved so much I took the time to create YouTube videos on how to wear it. A design that has been successful in my shop for a long time. 




I know this is asking a lot...but if you would take the time to follow the link and report the item as fraudulent...I would be ever grateful. I know you have to create an account. I know this it time consuming. I know. But if this has happened to me. It's happened to countless others. 

How is the "little guy" supposed to survive? How am I supposed to build a business when my well thought out designs are swiped "just like that"? How am I ever going to succeed?

My heart is heavy today. I hurt. Thanks for listening.

~ lisa

69 comments:

  1. I'm happy to report them! But I don't see the link?

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  2. Lisa,

    I think the website will remove this item from the individual shop owner's store. Especially if many people report it as fraud.

    Makes me wonder what this person was doing out looking at Aliaba.com items.

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  3. Lisa, this just makes my heart hurt for you. And I can't believe that someone on Etsy would actually go the other route and accuse you of stealing the design - when all it takes is a brief glance through your shop or on your blog to see that your photography style as well as design style are so unique to you, with all your products.

    If you don't have the ability to pursue this on your on, have you considered contacting your local media? This is the sort of story they would love, and they have the ability to put more pressure on a big site than any private person. Just a thought!

    I hope this gets resolved, and I will do what I can to help, by reporting the item, and by re-tweeting this post so others can see and know what's happening!

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  4. I wonder if CNBC would catch this if it were thrown their way? Will report. So sorry this has happened to you.

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  5. Jody, I thought the same thing. Here is the link to message CNBC:

    https://register.cnbc.com/email/EmailSupport.jsp

    I think "show feedback" would be a good category to select.

    Lisa, stay strong.

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  6. Link
    http://www.alibaba.com/product-gs/476420639/Hot_Selling_Suede_Leather_Bracelets_With.html

    I joined just so I could report this creton.

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  7. WHAT?! I'm adding this to my list of things to do today! I am also dittoing the person who suggested a message be sent to CNBC about this. You need to!

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  8. I reported it. Stay strong and know that all your true fans know the truth!

    burntcreation: http://jinquansp.en.alibaba.com/product/476420639-210720941/Hot_Selling_Suede_Leather_Bracelets_With_Wrap_Necklace_Set.html

    Click "report suspicious activity" right next to the words "Hot Selling Suede Leather Bracelets With Wrap"

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  9. This makes me SO ANGRY Lisa! I HATE copycats and China is so infamous for doing this!! I am a member of the site as I was sourcing some wholesale items which I never purchased...I will be sure to never use them after this fiasco! WHat a sham! And you better believe they will get a mouthful from me!! Stay strong and I agree - contact CNBC! If they reported on them they will be interested to know they steal crap from U.S. entrepreneurs. Effers.

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  10. BTW I really hope you replied to that Etsy person. How dare they assume YOU are the one stealing?? Since when has China come up with anything ORIGINAL?

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  11. thank you everyone. yes the link is in the upper right hand corner of the site which says "report suspicious activity"

    i have reported this person to etsy as well.

    i'm just sick :(

    but all of you...i LOVE. thank you!!

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  12. Did you see at the bottom of the page a way to report copyright violation? You may not be able to prove that the design is yours easily but certainly the photos and item description. That info may be enough for them to pull the item entirely.

    I've recently dealt with this myself (although it was on Etsy) but I'm happy to help if there's anything I can do! And I'm reporting it too!

    Jenny

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  13. Lisa, this is too unbelievable! Those of us that have known you for years have seen your progression from small-time hobby jewelry designer to a thriving business owner. I remember when you first came out with that design and I remember watching that video ages ago. You have worked harder than anyone I know to make your business a success. We've watched you and cheered you on every step of the way. It's more than anger that I feel to see this has happened, it's heartbreaking.
    And to Ms. Myrcik, you should take the time to get your facts straight before accusing someone of such thievery. You owe my friend an apology.

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  14. Contacting CNBC would be great but you may get more traction contacting GR local media as well. Especially because you have been a consistent presence and been featured many times by the local stations, a story like that may get picked up by the network from the locals.

    In any case, consider alibaba dude reported!

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  15. I just reported this too, I hope you feel the strength behind you to fight this - you are LOVED and KNOWN for your uniqueness, and people will rally to protect it!

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  16. Oh honey I am SO sorry. Off to help. let me know if there is anything else I can do ((hugs))

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  17. a friend linked me to this story. i made a profile on that chinese site and reported the item. hope it gets you somewhere!

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  18. Disgusting and shame on that person at Etsy for sending you that email without first checking the validity of what she was saying. I hope Karma bites her in the butt and she orders through them

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  19. I cannot believe that people are so evil. You are such a beautiful person as well as your work is out of this world. So sorry for the pain you are going through because of this. I will be praying.

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  20. Lisa, I am sorry this is happening. As little consolation as it is, you know it is your original work and your conscience is clear. Alibaba is notorious for this, but I know they do remove items when asked. Stay strong and keep on keeping on being the wonderful person you are.

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  21. I must be the only one who can't figure this out(?) They require something in the evidence field(?)

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  22. I am just horrified that a company would do this! I have reported them as fraudulent, hopefully it gets taken care of for you!

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  23. I reported it my friend, but had to do it under Intellectual Property Infringement as the Copyright infringement requires you to upload photo proof of ownership and I clearly don't own your photo :) I did however link to both your Etsy shop and YouTube video... it took less than 3 minutes to do. So sorry this is happening to you! Keep fighting.

    And yes - share this story with your local media. Immediately. xoxo

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  24. I am so sorry that you are going through this!! I am just a random person who just saw a link on FB and decided to check it out. I reported on the site and sent CNBC an email as well! Your work is beautiful and it's YOURS!! Praying that you can get this resolved peacefully and quickly. Bless you <3

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  25. The parents of a friend of mine own a pottery in Trinidad - Ajoupa Pottery. They manufactured decorative pottery that was sold all through the Caribbean. Then the Chinese swept in with the knockoffs at half the price. Ajoupa no longer produces commercial pottery. Don't let this happen to you.

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  26. Being the nosy New Yorker and inexplicably curious person that I am, I looked up the offending Etsian only to see that she no longer exists on Etsy. And that she had only joined this past October.

    Talk about cheek. ;)

    Hang in there Lisa - you're still a rock star! ♥

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  27. Done. This is just terrible. I hope it's resolved.

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  28. Tweeting, emailing, spreading the word. Don't give up, my friend!

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  29. Lisa, so sorry to hear. This is awful! I hope that everything gets worked out :(

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  30. What makes me the most angry was that someone thought YOU were stealing from a mass manufacturer. What a jerk Maggie is to approach you in such an awful, accusatory way and she should be ashamed. As for the big guy, they could never make anything close to the high quality, love-infused work you make. Love you Lisa!

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  31. I found your site and post via Angela England and I also reported it. Nothing makes me madder than a content thief! I hope they pull it. Do you have any google alerts set up? I wish it were easier for us all to protect our work and ourselves from this but I'm glad someone brought it to your attention!

    Blessings,
    Mel
    Please feel free to stop by: Trailing After God

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  32. I sent a fradulent email to the supplier and alibaba as well!

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  33. You have a lot of support working on your behalf
    = )
    Have you thought about contacting your local news station (the one you were featured on)? They might be interested in a story...sometimes the major stations pick up stories from smaller ones.

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  34. Horrible. I'm so sorry. Have you thought about watermarking your etsy images to prevent this from happening in the future? I would also contact any news station I could find.

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  35. I posted as well. SO sorry you are going through this. Keep your chin up and keep making your beautiful art.

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  36. Just a random passer by weighing in here but rather that try and take on the giant, you might want to start with who looks to be the person and company that's stealing your design and content: Ms. Cathy He Jinquan - Fashion Accessory Co., Ltd

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  37. My heart hurts for you! I went and reported them too...under the second catagory too because I too do not own your design :)
    Makes me wonder if they did it to anyone else on there too...

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  38. LISA! I'm so sorry! BIG HUGS! I sent them a strongly worded message. Don't let it take you down, you are strong and God is stronger, He's got your back ;)

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  39. I am so sorry that this happened to you!!!!
    I just can not belive!
    Maybe you can report it somehow you have a video you uploaded on Jul 2, 2010 that proof that that is your idea right?!
    hugs!!!

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  40. So sorry to hear this and sadder to tell you it is worse then you thought! I almost bought this bracelet on ETSY last week for my daughter who wanted a black leather wrap bracelet! So it seems there is someone in China with Alibaba who is ALSO selling on Etsy!

    I am looking for the link and so far have not found it. The only reason I did not buy the bracelet is because it was in China and they could not ship here in time for Christmas!

    I will continue looking for it and if I find it I will send it to you! In the very least Etsy needs to do something here. I am not sure they used the same pic as yours but it was exactly the same design! Hang in there if enough people complain one more design stealer will be kicked off Etsy!

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  41. Lisa - you have a great link with the TV company that has featured you a few times. See if they would like to do a fraud story. I wouldn't be surprised of they wanted to help. Good luck sweetie.

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  42. Reported to CNBC, Facebooked & Tweeted...having problems with the reporting suspicious activity but will continue to work on it! Good luck & have comfort in knowing we are all behind you & supporting you!

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  43. Oh Lisa, this is just awful, sweetie. I've reported to Alibaba, directly abused the company concerned & hope they're put out of business!
    Hang in there, there are LOTS of people rooting for you.
    Bearsie

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  44. Hi Lisa,
    I've reported to this to CNBC and to Alibaba directly. I feel for you, there just are no words to describe how terrible this is.
    Rooting for you!
    Kerry

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  45. She needs to file an infringement claim of her own.
    (I reported too)
    http://www.alibaba.com/help/safety_security/policies_rules/IPR/002.html
    FYI they are STILL using her pics on the page.

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  46. Cindy C http://www.alibaba.com/product-gs/476420639/Hot_Selling_Suede_Leather_Bracelets_With.html is the link to the STOLEN item

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  47. I think the fact that they used your own pictures works in your favour..proves a link to you and your design as they have taken your pictures to advertise...idiots... get a little info about what you should do but i think you have luck on your side.you can prove your designs and sketches for work with pictures to back it up and sales dates from your shop, they clearly wont be able to prove that they did this earlier than you !! never give up ! :)

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  48. p.s urban outfitters are known for stealing all kinds of designs over etsy etc and are involved in loads of court cases... google it and see what others have done about it, maybe they can advise you !!

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  49. Lisa,
    I know what such great support that you have here that this will be a quickly fading cancer spot on your design and reputation...RIGHT is on your side as well as a great team and friends and fans!!!
    I'm out to go get the word out and report!!

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  50. Girl, I totally posted a complaint. Such a creepy thing to happen. ugh. Big virtual hug and all my support.

    -beth V.
    The Tender Foodie

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  51. Glad to see that WZZM13 has picked up your story...

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  52. I hate this kind of thing, and it actually goes on all the time. I emailed Cathy Hee about her thievery, and send a formal complaint to Alibaba as well.

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  53. I just want to say that a good thing happened today. You went viral on facebook (among my circle) and NOW I know who you are :p

    I did create an account and reported the item. But I also added you to my etsy faves and plan to put an order in in the future.

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  54. I reported them via the link on their site. This just makes me so sick on your behalf. I really, really hope it is all resolved very soon so that you can have a peaceful holiday!

    Love you, friend! xoxoxo

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  55. So glad the news channels have picked up on this story!

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  56. That really stinks! I had a similar convo a couple of months ago accusing me of 'stealing' my button bracelet design - it really hurt! Made me mad, too.

    I will report this - hopefully our voices will be heard. This happening to you makes me mad all over again!

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  57. Hi there. I just wanted to mention and remind everyone that we live in an abundant world. I say this with love and grace because I know you are hurt by what happened. What they did is NOT right. But I believe it has nothing to do with your success. You are completely in charge of your success (not external circumstances) and people will buy from you because of who you are. The big guys really don't matter. The people who buy from Alibaba are NOT your best people. They are not the people who buy handmade. I just wanted to shine a little light on the situation because you never know where this challenge will take you. I believe there is gold in every challenge and that you will find gold in this. The universe is constantly expanding and there is plenty of creativity, room and money for everyone. All the matters is the way you think about it!

    With love and light!

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  58. Reported! Hope they take it down soon!

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  59. I reported! I'm so sorry this happened, Lisa. I hope we can all help you get it taken care of asap.

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  60. As a small business owner, I know how hard it is to hit a road bump like this. I did my part trying to help and wish you the best in being victorious in this issue! Besides contacting CNBC, I'd go for the rival networks...they'd love to report that CNBC supports a business involved in shady practices!

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  61. Reported! I think it was the "seller" - "Cathy He." Regardless, this is horrible and I hope that they are exposed!

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  62. Reported it for you. I don't know you at all but it only took a minute. Hope it helps. :)

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  63. Looks like it was taken down! Whenever I click the link it says it doesn't exist!!
    I hope it gone for good...

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  64. I am so sorry this happen to you. After watching the video I decided to check to see if my stuff was on there, sure enough it was, I got sick to my stomach, who knows how long they where on there.
    I emailed the company and they sent me a massage that said this.

    "Hi Dulce

    We made the sock monkey is true, we just shown to people we made the sock monkey, but we never sale the same design to our clients, because we know that's images from yours, most of your items, we can't made it , because it is pure handmade. Anyway, we'll delete all the design from our website now, it takes 2-3 days to clear from our website, your kind patience will received my highly appreciated.

    Best regards,
    Joany"

    Oh I was even madder after that, I told them I was going to go to national TV and reporting them, if they don't compensate me for using my pictures. I then got another email from Alibab.com that said this,
    ""Hi,
    We regret to learn that your product picture has been used by another member without your consent.
    After checking, we find the subject posting has already been removed from our site. You may have a check later.
    If you have any further questions, please visit our Help Center at http://www.alibaba.com/help or contact us at any time.

    Sincerely,

    Alibaba.com International Customer Services"

    This is not the end of this mess, I have all the printouts of all the adds before they removed them and the email that they stole the pictures.
    We will fight this war with those Bastards stealing from us small business, they are so greedy.

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  65. This just happened to me!! They took my picture and everything off 4 items, they even wrote the exact title I used in my Artfire shop!

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  66. I am making a FB page for this
    http://www.facebook.com/pages/Alibabacom-Contributes-to-Theft-of-Artisans/262295430505322?sk=info

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  67. I'm seeing a lot of this lately. Someone in the Artfire forums had a very unique hand made item ripped off too. I was searching for some contact links for her and found another case. This one with photographs of her own daughter wearing a hand made outfit and alibaba ripped off that image too.

    Sure they will (or claim) to delete violators. But I don't think that's enough. I don't know what legal action could be taken against a China based outfit but something needs to be done.

    Getting them exposed on the news would be fantastic!
    A class action and punitive damages paid to anyone who had item images stolen would be even better. Charged to the site. Let THEM go after people who use it.

    It would take a major news story before that happens.

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  68. Sadly too often, when an artisan's item is snatched up by Alibaba, the original artisan is hurt doubly because now claims that she is a reseller come up, assuming she purchased item from Alibaba. They hurt artisans on all sides.

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Thanks so much for taking the time to leave a comment! If you have an email attached to your comment I can connect with you!

Otherwise, feel free to email ME! hello@StudioJewel.com

xo, lisa