Infringement Complaint
Hi there!
We received a Copyright Infringement Complaint on one of our items … It is a Jellyfish lamp. The complaint came from a competitor selling the exact same item as us. They said we are using the same photo as them. When we sent them our photo and also theirs, I circled that their photo includes their company logo and the photo we have, does not.
Our email chain with our competitor has gone no where, they want us to upload a photo that is not ‘confusingly similar’.
I attached the photos here. Does anyone have any advice?
Seller_J2ZfZuM8hEFnw
I am a newbie here,… but from what I know about copyright infringement is that the image is the same (and or changed in some way).
From these images, I can tell that these two are the same machine manufactured by the same company, but are definitely not the same image. Hence, no copyright infringement case.
Seller_cjBwb6X1O3EGl
One of the things about IP is would an average person tell the difference.
Looking at the 2 pictures they fail. There is little chance that people would notice the logo vs no-logo. If it was much larger that would be a different story…but then it would look like dog defecation.
You do need to remove the background of the picture. Should be fairly easy to do.
