I Designed It. They Traced It (Allegedly).
Let's Talk About Copyright Infringement in Small Business
I've had a love-hate relationship with the original version of my death's head moth design. At first, it was one of my absolute favorites and it quickly became my best-seller - something I was super proud of after pouring so much of my time and money into developing my products.
But then, in my opinion, Hot Topic sold a really poorly done knockoff that looked like a line-for-line-copy to me. So recognizable that a kind follower even messaged me with a screenshot wanting to know if I knew Hot Topic was advertising my design.
That whole experience was crushing and left me feeling depressed every time I would look at my design for a long time afterwards. Even though I had been selling my moth long before their version appeared, there wasn't much I could do. I hadn't paid to register the copyright before the incident, so their lawyer was able to dismiss my claim, saying my copyright protection was thin if it existed, the designs were not the same, and that there were no damages that they could envision.
I walked away from the interaction feeling defeated. I refused to take down my social media post about what I considered theft and wasn't willing to sign an NDA. It just wasn't worth staying silent for the insulting amount they offered to make me go away. As a small independent artist, nothing prepares you for being told by a large company that you can't prove copyright infringement...while staring directly at a copy of your own work, down to the eye spots.
I was so upset I stopped selling my original moth design for a while, and even tried redesigning it new ways in an effort to reclaim it and make it mine again. (That's why there have been so many death moth versions over the years lol.)
If you're wondering how I knew it was a copy, the blatant proof is in the small vertical line their designer left at the top of the skull. The way I make my designs requires connecting the raised silver areas with thin lines - something the production method for the knockoff did not need. The designer who made the knockoff copied a design element that wasn't actually an artistic part of the design. That part still gives me a good laugh to this day.
To be clear, I'm not mad someone else made a death's head moth septum ring - that's a common artistic theme. But there's a big difference between shared inspiration and literal duplication. What's really demoralizing is seeing my designs copied exactly, made with inferior materials, sold cheaper than I can afford to, and then watching them get glowing reviews for how unique they are.
Nearly all of my jewelry designs have been copied over the years. It's an unfortunate, almost inevitable part of selling artwork online. Besides my moths, my coffin bat is another design I constantly find exact, line-for-line knockoffs of. Watching for copies and sending takedown notices is just part of my routine now. But sometimes I have to stop looking - because honestly, it gets exhausting.
If you want to see some of the knockoffs I've found, scroll to the bottom. I call it the Gallery of Shame 😂
On a brighter note, the original version of my death's head moth is back - better than ever! I've also added some awesome new color variations of the coffin bat. I'm stoked about how awesome the original death moth design looks in color! The new versions make my soul happy: green glow in the dark, purple and green, rainbow colors.
Death Moths + Coffin Bats
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My name is Amber, welcome to my shop!
I'm the sole maker around here. All of my jewelry designs are crafted from scratch in my workshop. Whether you came here for the bugs, the skulls, or just a badass new piercing piece — I’m stoked you found my curious little corner of the web. It's always Halloween around here 🖤
I started crafting these pieces because I couldn’t find body jewelry that really reflected my personality and felt like wearable art. So I taught myself how to make my own. And then I made more. And now here we are. My business is built entirely on self-taught skills.