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This piece has been about 95% finished for roughly a month now. This is the same "character" that was on the sticker that got taken down, just for fun. While my feelings about the situation has somewhat faded, I figured I should still see it to the end and share the rest of the information I've found out over the last several weeks. This is likely the last time I'll be talking about this unless some weird new development crops up!
A while back, I reached out to Lisa Frank Inc (LFI for short from here on out) directly asking about the removal of my artwork. The representative I spoke to was actually rather helpful. They confirmed that they have partnered with the company that filed the trademark take-down(RedPoints) and that while the art IS very similar, it's not a direct copy. I was then informed that if I had used the words "Lisa Frank" in the description or key words, that is what likely got it flagged.
So, I had my answer. They even offered to take a look at the listing and offer further help, but given the experience that I just had, I wasn't too keen on giving a company more ammo than they already had. I thanked them for their time and the issue is more or less resolved.
While trying to get ANY correspondence, I started digging into a lot of things regarding LFI. I think many folks think "Lisa Frank/LFI bad," but that is far from the full story- there's a lot of nuance that gets lost in the copy/paste "journalism" of the internet. Some things that I've started to question are:
-The eviction/copying of artist Amina Mucciolo for the LFI hotel
-Lisa's role in the toxic work environment at LFI at the height of LFI's popularity
-LFI's IP Takedowns
I'm not saying that Lisa Frank/LFI aren't to be held responsible for these- quite the opposite- but that things aren't merely as black and white as people like to portray. I may expand on these topics if folks are interested, but this is already SO LONG.
Lastly, I was also researching the process of Trademark takedowns in particular. I was recently alerted to the Smiley Company pulling some of the same shit- mostly targeting folks in other countries where legal representation would be nearly impossible for a small creator. Even just using the word "Smiley" to describe a drawing of an animal got one creator's Etsy listings removed.
I've also seen a post on the Etsy forums where someone was selling a vintage superhero mug, used the name of the superhero in the listing title, and the listing was removed for alleged trademark infringement.
There are no protections or consequences for filing these kinds of claims short of taking the companies to court which is.....challenging to say the least.
Trademark is different from copyright in that it needs to be constantly enforced. It's also a lot more cut-and-dry than when it comes to fair use in regards to copyrighted material.
Lisa Frank is a trademarked name/wordmark. I was (most likely) in the wrong for using it in my titles- even if the immediate word after it was "inspired." All I needed was an email and it would've been fixed within 12 hours.
So with all that said
Go buck yourself, Lisa Frank Inc.
A while back, I reached out to Lisa Frank Inc (LFI for short from here on out) directly asking about the removal of my artwork. The representative I spoke to was actually rather helpful. They confirmed that they have partnered with the company that filed the trademark take-down(RedPoints) and that while the art IS very similar, it's not a direct copy. I was then informed that if I had used the words "Lisa Frank" in the description or key words, that is what likely got it flagged.
So, I had my answer. They even offered to take a look at the listing and offer further help, but given the experience that I just had, I wasn't too keen on giving a company more ammo than they already had. I thanked them for their time and the issue is more or less resolved.
While trying to get ANY correspondence, I started digging into a lot of things regarding LFI. I think many folks think "Lisa Frank/LFI bad," but that is far from the full story- there's a lot of nuance that gets lost in the copy/paste "journalism" of the internet. Some things that I've started to question are:
-The eviction/copying of artist Amina Mucciolo for the LFI hotel
-Lisa's role in the toxic work environment at LFI at the height of LFI's popularity
-LFI's IP Takedowns
I'm not saying that Lisa Frank/LFI aren't to be held responsible for these- quite the opposite- but that things aren't merely as black and white as people like to portray. I may expand on these topics if folks are interested, but this is already SO LONG.
Lastly, I was also researching the process of Trademark takedowns in particular. I was recently alerted to the Smiley Company pulling some of the same shit- mostly targeting folks in other countries where legal representation would be nearly impossible for a small creator. Even just using the word "Smiley" to describe a drawing of an animal got one creator's Etsy listings removed.
I've also seen a post on the Etsy forums where someone was selling a vintage superhero mug, used the name of the superhero in the listing title, and the listing was removed for alleged trademark infringement.
There are no protections or consequences for filing these kinds of claims short of taking the companies to court which is.....challenging to say the least.
Trademark is different from copyright in that it needs to be constantly enforced. It's also a lot more cut-and-dry than when it comes to fair use in regards to copyrighted material.
Lisa Frank is a trademarked name/wordmark. I was (most likely) in the wrong for using it in my titles- even if the immediate word after it was "inspired." All I needed was an email and it would've been fixed within 12 hours.
So with all that said
Go buck yourself, Lisa Frank Inc.
Category Artwork (Digital) / Fantasy
Species Unicorn
Size 1200 x 1200px
File Size 1.43 MB
I've learned that trademark infringement and copyright infringement are two very different things.
Trademarks are usually words or logos that identify a brand. Copyright, on the other hand, covers almost any kind of creative work.
Trademarks are heavily protected to prevent things like counterfeit goods or damage to a brand's reputation. (Such as knockoff products generally being lower quality.)
There are some exceptions to when you can use someone else's trademark or wordmark - such as for review or reporting. There are also times when you CAN compare the items to their trademarked counterparts as long as logos aren't used and it's written in small, plain text. (Such as off brand grocery products or medicine stating "Compare to -brand name-" on the packaging.)
I'm not a copyright or trademark attorney by any means, but this is some of my current understanding. :)
Trademarks are usually words or logos that identify a brand. Copyright, on the other hand, covers almost any kind of creative work.
Trademarks are heavily protected to prevent things like counterfeit goods or damage to a brand's reputation. (Such as knockoff products generally being lower quality.)
There are some exceptions to when you can use someone else's trademark or wordmark - such as for review or reporting. There are also times when you CAN compare the items to their trademarked counterparts as long as logos aren't used and it's written in small, plain text. (Such as off brand grocery products or medicine stating "Compare to -brand name-" on the packaging.)
I'm not a copyright or trademark attorney by any means, but this is some of my current understanding. :)
Aww, thank you so much! I honestly had a lot of fun drawing the character on this one- mostly because I don't think horses are even real any more. How do they work??!
I do think that it's mostly resolved, though, so that's a positive at least. I now know more about the process of trademark takedowns and can hopefully help others avoid the same issues!
I do think that it's mostly resolved, though, so that's a positive at least. I now know more about the process of trademark takedowns and can hopefully help others avoid the same issues!
The Amina Mucciolo situation really broke the camel's back for me. When I see people praising the brand, I just feel sick to my stomach. LFI is dead to me.
I'm glad your situation has had an ending and you've got an explanation for the take down. I hope it wont deter you from drawing tho
I'm glad your situation has had an ending and you've got an explanation for the take down. I hope it wont deter you from drawing tho
Truthfully, I don't have any evidence to suggest that LFI had anything to do with the eviction. It was a partnership/licensing deal with hotels.com and I hardly ever see them mentioned in the story or take any of the blame. I'd assume that hotels.com would have chosen the location- for just one example.
Still, at BEST, LFI has their name tied to a company that may or may not have done something awful. At worst, Lisa's twirling her mustache while petting Purrscilla in a swivel chair. I imagine that the truth is somewhere in between.
None of this will ever deter me from drawing. :) I legitimately think I'd go mad if I ever stopped.
Thanks so much for your support. It's definitely been A TIME.
Still, at BEST, LFI has their name tied to a company that may or may not have done something awful. At worst, Lisa's twirling her mustache while petting Purrscilla in a swivel chair. I imagine that the truth is somewhere in between.
None of this will ever deter me from drawing. :) I legitimately think I'd go mad if I ever stopped.
Thanks so much for your support. It's definitely been A TIME.
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