Help!

So I need some help!
I listed my celtic tree bag on ebay the other day n i got this email...

While I am considering purchasing this item, I would like to have your word that you have Jen Delyth's permission to use her design (www.kelticdesigns.com). All of her designs are copyrighted. Please let me know. Thanks!


So I replied with this..

hello...purchasing it or not..the celtic tree of life itself is a celtic
symbol, of which i didnt copy off that person's site or anyone
else's. Ya can google it and see it anywhere..Im sure she uses it
in her designs but the actual tree itself would be hard to
copywrite i would imagine, as it is an irish celtic symbol of
spirituality. The bag is my design alone.
thanks

today i get this...
A customer of ours has forwarded your reply to her asking about
our Tree of Life design (your reply next email).
This is 100% my own original - and well known- design -
Created & and copyright back in 1990. It is absolutely NOT an n
ancient design, nor based on one.
Just because other people take our design and put it on the web
- (found through google searches) does not mean that its legal
or correct. Your Hippie Back is in direct copyright violation of
and my business manager will contact you about it.
Its really sad that when someone contacted you to verify its
copyright, you assumed you could use something just because
its on the .web...We are constantaly monitoring Google asking
people to remove the unauthorised design. You will find that
most examples do say that this is a design by Jen Delyth.
Appreciate you letting us know where you found the version you
copied for your bag...Thanks - Jen Delyth - Keltic Designs


I dunno how to reply to this.. I didnt copy this woman..have never even seen her site before this...

 

Hi supermommy, I did a google of my own and came up with this... http://www.irelandsown.net/thetree.html

At the bottom of the site it says the design is done by the author.
This Delyth woman seriously can't think that this design is her own and it HAS, as you stated, been around for centuries! Tell the woman to research celtic mythology and sue the buggers who nicked her design thousands of years ago! Silly woman!
(Here's another site... http://www.mwart.com/xq/ASP/pid.237/cat.21/qx/product.htm and this one http://answers.google.com/answers/threadview?id=517660 says

"Hello millerman1121,

The tree of life image shown on the links that you gave is an
interesting and beautiful design. I have found some sites that give
the history of the tree of life as an image depicted in many cultures
and religions throughout history, as well as history of the Celtic
tree of life in particular. The tree of life is closely associated
with the cross, both in image and symbolism, as are the Celtic Cross
and Celtic Tree of Life. I have included excerpts from these websites,
and you can go to the links for further material.")

 

i just ended the ebay listing...
i feel really sick over this...im almost ready to cry...
i didnt knowingly copy this woman...and her harsh tone is very freakin rude..

 

Just like Lazuli Blue I did a search and actually found a lot of the same stuff. Besides, on about.com under the celtic tree of life search they have images of other cultures trees of life and they are a bit different, but the concept of intertvined roots and branches is the same. I do not remember the name of the website, but a few yearsago, when my husband and I were shopping for our wedding rings, we found an irish website that had all kinds of jewelry with ancient and traditional celtic symbols and they had the tree of life as one of them. And another thing is that if you look at what that girl has copyrighted as herown designs, every single element is a traditional celtic symbol, how the heck do you copyright that? Only in America, I guess. I mean, is she going to copyright a shamrock next? That's a whole bunch of malarky. I wouldn't worry about it too much sweety. There is enough to worry about with the upcoming holidays.

 

That girl is upset because she has very plain tote bags that she is trying to sell with the same design. And if it would make you feel any better, add something to your bag's design, to make it more of your own personal statement. It's not like you are doing a wholesale, it is a one of a kind item, your own artistic expression.

 

well when you google her name..its very clear she designed the tree n has it copywritten...which is fine..i respect that...
im keeping the bag i guess...ill use it lol

 

I am sorry that you got that mail from them. I have seen that design on several peoples stuff that they are have sold. Bummer that you got tapped. You could try just selling it from your website. *shrug*

It is a wonderful bag. I love it. *hugs* Don't let it get you down. You do wonderful work.

 

aww thanks
i know..ive seen it hella places..
whatever tho..
ya know if she woulda just asked for credit it woulda been no big deal...in my humble yet jaded opinion i think she just went about it in a funky way..

 

http://altreligion.about.com/library/glossary/symbols/bldefsceltictree.htm

Well, the tree of life IDEA isn't hers, but if that particular drawing is, she has a right to it.
Did you trace an exact copy or draw your own? I don't think she can do anything if your doesn't match hers exactly....

 

she's just jealous that your stuff is better. why do people have to FREAK OUT over stupid shit? i've seen that design all over. it's like copyrighting a peace sign or something!
so what if you make a few bucks? not like i'd ever buy anything from jen delyth now that i've seen how rude they are. and they LIED and said they were considering purchasing it!

well, i'd say don't stress it. it sucks that you had to take the bag down. i guess it's better than dealing with all that crap.

peace, love, and happy holidays,
LP

 

thats insane i find it very hard to believe that this design which is seen millions of places was created by this woman in the past ten years or so

 

Now, I know this girl put copyright words on the designs, but I could not find her in the database http://www.uspto.gov/main/sitesearch.htmMaybe I didn't do the right search.

 

I cant draw for shit...lol...it was traced but i did mess up on the one side n didnt cut out some holes that shoulda been there...so tis not an EXACT copy..

 

guess ill have to see if her business manager contacts me or not eh?

its all good if its copywritten..im not out to steal shit from anyone...if i had known it was all her design mebbie i woulda asked for permission or just not done it but because its plastered all over the web with no mention of her i had no clue...it is literally ALL over the net..

Ive got another auction up for a custom bag with its pic in the auction and im not taking it down...if someone requests it in a design ill prolly still do it...

you guys are all so nice and supportive...

 

I am going to copywrite the sun.. and the sue everyone who uses it. By her logic, i could be done

 

If she contacts you again, ask her for the patent or publication number of the patent. I had somebody bugme this summer about an outfit I had on ebay. I made my own pattern, from the instructions I found online and the person claimed it was her own design that I wastrying to sell (she had a similar item on her website) and that it was copyrightten, I looked her up, not there. I hate when people are like that. Here is a better link for the search: http://www.uspto.gov/patft/index.html
Peace.

 

Oh no, not the Sun! What are we gonna do?

 

LMFAO I love you regan haha

 

DO more research on it. I know so many people with that as a tatoo. I can't believe this is her own design as I know I have seen it long before 1990.

*keeps checking for more info*

 

haha i just sold it i think...
oops..ah well..let us all pray i dont get sued now...