Update:

Her reply:

Hi Chris ~

Creating these spell bottle necklaces has been on my list of things to do for 6 months. I've had all the componets right here for months as I have with some other products I'm planning on launching. When you approached me for the herbs and oils, you included a picture of bottles that were longer with the triangle tops [ed: I included two pics, one with the triangle top, and one that was the one I ended up using], I thought those where the ones you were using. And when you shot over the pix I was a little bummed that the bottle was the same as my spell bottle necklace concept, but saw that yours were unique in that you strung the chains with beads.

This has happened to me before when I had an idea brewing, then another etsy seller created something similar so I trashed the concept and never launched the product. But I sell wholesale on a worldwide basis, and etsy accounts for less than 3% of my overall sales, so after that happened I got to thinking about it and decided that I'm following thru on all my ideas from now on regardless of what other sellers on etsy do. Unfortunately, I can't base my product lines around what etsy sellers create. And I had already invested $400.00 into this new necklace line.

The names are completely different [ed: they are not. I had specifically discussed a "Fortuna" prototype with her for employment and money luck, and that is exactly what she produced], they are similar because of the bottle used. But these bottles are standard so anyone can buy them and create the same concept idea and do. We are not the only two here on etsy with these bottle necklaces. I beleive that there is enough room for all of us to benefit from our creations. And in all honesty, when you approached me with a need for the contents, my initial thought was "She's coming out with the same idea as me!" What to do? There was nothing I could do, I certainly couldn't tell you that I had a similar necklace line coming out and not to move forward. I even considered not forfilling the request, but decided to go forward anyway because you were going to launch the concept anyway. I thought the bottles were different, our customer base was different, they might be similar in some ways, but what could I do.

I have a magick shoppe. I create magickal products. I already have a witch bottle necklace line which others have blatently copied. I have incenses, potions, spell kits, that other etsy sellers have copied to a T. They even copy the names exactly. There are two other etsy sellers here who have copied my products, design packaging ideas, product descriptions and shop theme. They capitalize on my product lines to no end. It annoys me, but I don't care anymore. People look at my shoppe and think "Why is this shop so successful? What could I do to replicate these products, throw a tweek on them to make them my own, and benefit?" It happens on a weekly basis. And frankly, its a little disapointing that these people can't use their own creative energy to create something unique all their own. I have contacted my legal counsil and they suggest that since these folks are selling small scale, don't waste your time and money fighting with them about it. I agree. I patent and trademark the items for my corporation which I don't want companies to replicate, but I cannot do this to all my products. The commission has to approve each item and you can't trademark everything because of the similarity of products within the wholesale marketplace. But like I said, etsy accounts for such a small amount of business for me, I just let it go. I cannot base my business and product lines, which I've had for 17 years, on what a few etsy sellers do.

I completely understand your frustration as I live it too often here on etsy. It seems only obvious that with so many creative minds here, ideas and products will overlap, and everyone seems to have a problem with it. "They copied my idea!" is everywhere on etsy. Its a shame really. I don't like it anymore than you do. And on the larger sceme of things, these types of problems rarely happen with bigger companies and within the wholesale pagan merchandise market. Its only here on etsy where everyone gets their tails in a bush over what other people do and create. Which is why I can't pay any attention to it. I'm sorry that we had the same creative mind on this necklace concept, but they are different in their own ways.

I appreciate your understanding and wish you much luck and prosperity with your jewelry line.

Blessings ~
{Name Redacted}

My response:

Hi {name}--

I do wish you had told me that you had a line like this coming out, if only so I could have further visually differentiated my own pieces. I may yet make tweaks to my line for this very reason. I have an absolute respect for the intellectual property of others and for the need for uniqueness and variety among retailers.

Perhaps we can work on ways to make sure our brands stand apart. One way to be to distance the naming of them-- I shared with you my naming system prior to the release of your line and was surprised when I saw your bottle's name was identical to the one I had shared with you previously. If I stick to Deity names, is there perhaps another option in naming so that our lines do not conflate? I will strive to respect your conventions in return, as I believe that having distinct brands and names will be key to both of our successes here.

Respectfully,
Christina
Sihaya Designs

You know, there is no way I can say to her "DON'T SELL THOSE" because there are similar (themed) items on the market. I can pursue this if the copying becomes more blatant or if she insists on copying my naming conventions for the purpose of undercutting. Do I believe her "I've been thinking of doing this for six months but did not mention it when you brought up your desire to do the exact same thing?" NO. Absolutely not.