Legal action threats after Facebook marketplace post

[Mike Frost]

Florida - So, my friend posted a handmade Christmas tree for sale on Facebook marketplace. She offered them for sale, built to custom spec, at a fraction of the cost that she had seen some others posted for sale online. She also posted the tree for sale on a “mid century modern buy sell and trade” site. She doesn’t have a business, nor does she intend to. She simply posted a picture of the tree she made and offered similar, custom made trees for sale. She is basically a hobby crafter and has zero interest in becoming a business. After posting her homemade tree photo, another gentleman commented and said that it reminded him of the “blah blah blah” style Christmas tree and asked if it was a “knockoff”. Very shortly after that, another gentleman posted “Yes it is! And my attorney will be contacting her.” The trees are similar in overall appearance (just as dozens of toilet seats, that have patents, appear similar), but they are made from different materials, and I’m sure they have different measurements. Please give us some advice if possible. We think that this is purely intimidation, but we want to make sure that we don’t call it out until we have some proof that we are in the clear. It would be nice if his intimidating behavior backfired on him and we were able to call him out for trying to be a “big shot” and bully a hobbyist on Facebook marketplace. I can’t seem to post picture from my phone gallery here, so if pictures are necessary please let me know and I’ll figure out a way to post them.

Thanks,

Mike

 

[quincy]

Florida - So, my friend posted a handmade Christmas tree for sale on Facebook marketplace. She offered them for sale, built to custom spec, at a fraction of the cost that she had seen some others posted for sale online. She also posted the tree for sale on a “mid century modern buy sell and trade” site. She doesn’t have a business, nor does she intend to. She simply posted a picture of the tree she made and offered similar, custom made trees for sale. She is basically a hobby crafter and has zero interest in becoming a business. After posting her homemade tree photo, another gentleman commented and said that it reminded him of the “blah blah blah” style Christmas tree and asked if it was a “knockoff”. Very shortly after that, another gentleman posted “Yes it is! And my attorney will be contacting her.” The trees are similar in overall appearance (just as dozens of toilet seats, that have patents, appear similar), but they are made from different materials, and I’m sure they have different measurements. Please give us some advice if possible. We think that this is purely intimidation, but we want to make sure that we don’t call it out until we have some proof that we are in the clear. It would be nice if his intimidating behavior backfired on him and we were able to call him out for trying to be a “big shot” and bully a hobbyist on Facebook marketplace. I can’t seem to post picture from my phone gallery here, so if pictures are necessary please let me know and I’ll figure out a way to post them.

Thanks,

Mike

The one who is claiming infringement can file with Facebook marketplace a DMCA takedown notice to have the copyright-infringed item removed.

If the item is removed and your friend believes there has been no infringement, she can file a DMCA counter notice.

The one claiming to hold a copyright in the design would then in response to the counter notice file a copyright infringement lawsuit, to enforce his/her rights.

If the alleged copyright holder does not file a lawsuit in response to the counter notice, Facebook marketplace can return the item to its place online - and life will go on.

There are penalties for filing either a false DMCA takedown notice or a false DMCA counter notice.

If your friend is concerned that she might be facing legal action, she can have her item and the other item personally examined and compared by an IP professional for an opinion - or she could remove the item from Facebook to hopefully avoid a legal action.

Good luck.

 

[Mike Frost]

The one who is claiming infringement can file with Facebook marketplace a DMCA takedown notice to have the copyright-infringed item removed.

If the item is removed and your friend believes there has been no infringement, she can file a DMCA counter notice.

The one claiming to hold a copyright in the design would then in response to the counter notice file a copyright infringement lawsuit, to enforce his/her rights.

If the alleged copyright holder does not file a lawsuit in response to the counter notice, Facebook marketplace can return the item to its place online - and life will go on.

There are penalties for filing either a false DMCA takedown notice or a false DMCA counter notice.

If your friend is concerned that she might be facing legal action, she can have her item and the other item personally examined and compared by an IP professional for an opinion - or she could remove the item from Facebook to hopefully avoid a legal action.

Good luck.

Thank you so much!!! I appreciate you taking the time to answer my question. Have a great afternoon.

 

[quincy]

Thank you so much!!! I appreciate you taking the time to answer my question. Have a great afternoon.

You’re welcome, Mike Frost. Thanks for the thanks.

I hope you have a great afternoon, too.

 

[adjusterjack]

In addition to Quincy's suggestions I suggest you just ignore the blowhards and don't "call them out." Doing so only escalates the bulls--t and you aren't going to be happy when it happens.

 

[quincy]

In addition to Quincy's suggestions I suggest you just ignore the blowhards and don't "call them out." Doing so only escalates the bulls--t and you aren't going to be happy when it happens.

Mike’s friend might have to respond if the one claiming infringement has the items pulled from the marketplace through a DMCA takedown notice (response: possibly a counter notice) or sends a settlement demand letter (response: negotiate or see a lawyer) or decides to sue (response: hire an attorney).