Tags
copyrights, rights to use certain words, smile, sonrisa, trademarks, website copyright infringments
Double Sonrisas – Acrylic (detail)
This past week a friend credited his morning meditation to a feeling of well being. Meditation is a great way to start the day!
“You’d better watch out,” I warned, “The devil’s always waiting around the corner to sabotage that good mood!’
About eight hours later that devil tweaked his attention to me and spoiled what had been a very positive and productive day!
A “Please moderate” notice arrived for a post that was written months ago, and I was curious to see who had commented about things that can go wrong with legal and real estate negotiations in Latin America. Surprised that the slow internet loaded the email, I scanned the message in the inbox:
New comment waiting approval on Zeebra Designs & Destinations
Marilyn S. Ruben commented on RED FLAG… “It’ll Never Happen To Me”
Here is my feedback: You are operating a Fraudulent Website with a name which is already protected under U. S. Trademark and U. S. Copyright by ME, as of l2 years ago in 2002 through the present time. We have 500 Artworks in our Collection, 250 by me and 250 by my 30 Artists.
Before setting up your Website, you should have completed a “Search” of other Websites online to see if there was a “Conflict of Interest.”
You are breaking U. S. Copyright Law as well as U. S. Trademark Law!
Please Cease and Desist using your Company name, because it is already being used, and has been for the past l2 years, by me and my company!
I don’t know you or your Company, but I once did meet someone named “Lisa” and I also met someone who calls himself “The Zebra,” because he wore “stripes” in and out of prison for at least 20 years. If this is a description of the two of you, you are breaking U.S. Copyright and U. S. Trademark Law by using our Company name!
Approve Trash | Mark as Spam
(What?!) I first thought, “Spam,” and I read it again and reconsidered, “No, this isn’t spam, but this makes no sense!” How had I violated a copyright or trademark?
I sent the notice to my attorney and several people who deal with copyrights and trademarks, and I replied to the above comment. I stated that I was unclear as to why she was upset, but I was about to go to her website to start the search.
After looking at her site, I was more baffled. www.sonrisadesigns.com
“Sonrisa.” I thought about a painting of mine titled, “Jama Coaque Sonrisai.”
Inspired by a pre-Columbian relic: Jama Coaque Sonrisa – Watercolor – from The Mola Series
She replied late that night and said if I had not used the words “Sonrisa” and “Smile” on my page, it would not have showed up on the “Search” list. She asked, “Could you use another word for your subtitle instead to show the same feeling? -Happy? Ecstatic? Peaceful? Content? KIDS? Families? Ecuador families? South American families?”
(Subtitle? I thought my subtitle was An Artist’s Eyes Never Rests!) She must be referring to tags – or maybe the titles to the photos.
She said that my photos and art are beautiful, but asked, “Please don’t use our name in your advertising”
(Advertising? Have I tried selling anything to any of you via this blog? When I am ready to sell items, they will have their own site!)
A smile is a smile is a smile; a sonrisa is a sonrisa is a sonrisa. How can one expect me to refrain from using a word that’s in my daily vocabulary?
So inquiring minds want to know; should the words Sonrisa and Smile be excluded from my site? If so, shouldn’t the word Designs also be an infringement? Stop the merry go round! It’s making me quite dizzy!
Sonrisas! El Matal, Ecuador
Out of the countless images in Playamart’s 400-plus posts, yes, I use the word ‘sonrisa’ or ‘smile’ from time to time.
Carefree Beauty – Front-door Smiles
I patiently await your feedback! Thanks in advance! Z
Zeebra Designs & Destinations 
Tell her to take a long walk off a short bridge. Common names are free use, as are titles.
thaks for your prompt feedback; the connection is too slow for research to refresh my memory on what acan and cannot be copyrighted or trademarked… today’s feedback will be interesting. thanks so much! z
My first response? Ummm…yah.
Talk about semantics, not relevant, and how can you copyright one word?
I went to the website, it looks nothing like yours. In fact I kind of think it looks cheesy. But that’s very mean spirited of me isn’t it? But then again her comments are implying that you are a con artist trying to rip off her ideas to make money so I guess what goes around comes around.
Sending a sonrisa to you…unless that lands me in legal trouble also. 🙂
hey; thanks for the support and the chuckle! after the initial shock wore off, and i examined her comment, i thought that she must have had some kind of history w/copyright infringement, and she’s highly sensitive and protective.
what baffles me most is/was the anger – no warning, no sensitive query – just WHAM!
thanks for the sonrisa!
Now that certainly ruins a day!!! this topic, all the interpretations people make of it también me marea…so you are supposed to cease and desist of doing what exactly, conveying the feelings of the people around you… you sight is about the art of life and how it inspires you everyday…your neighbors’ sonrisas fuel your art… I say, continue as scheduled! You’ve got your own art to protect so if anyone is informed about these things is you my friend!! breathe deep and lets all send this woman a huge sonrisa 🙂 hugs, Alexandra
ah, your strong character and dignity shine through. yes, let’s extend big sonrisas and get this behind us!
Yes, my friend, your creativity and loving heart shines beyond this… xo
thank you kindred spirit! z
One cannot copyright an everyday word for God’s sake!!!!
I would be spewing fire and brimstone if someone came at me with this kind of thing. Nonsense!
a wide-range of emotions flowed through my psyche as the day progressed. . your comment made me chuckle – hopefully no one will cross your path and do this to you! life is too short to have stress adrenaline racing through one’s body!
Lisa, I met you back in the mid 90’s and you were the Zebra then. I’d say that time frame pretty well blows her and her accusations out of the water. Jerry in Oregon
thank you jjerry! yes, my history of striping the landscape goes way back – to the 80’s! one day i’ll have to write a post about that first mailbox!
🙂 !!!
This is upsetting, but it sounds like nonsense. Perhaps she is worried that the tag would bring people to your page at the expense of hers. Perhaps she should have thought of a better company name.
without knowing her, it’s hard to guess why she’s so protective of the word ‘sonrisa’ and wants to prevent others from using it in any way. i remain baffled.
thank you for your other suggestion about using google to find other applications of the word ‘sonrisa.’ sha-zam! z
If you google ‘sonrisa’ you can see just how many companies are ACTUALLY using it in their company names or in music album titles.
great idea, amiga! thank you so much for both comments!
I understand the shock…but really – I don’t understand this at all. She has nothing on you. If she had read your posts and understood what kind of person you are/what kind of site this is, then she would have seen “longer than her nose streches”, as we say in Sweden. And – you’re not selling anything on this site. I would have tried to ignore her.
Good you have got a lawyer. And, it seems to me you had the zebra first. She’s afraid of losing customers maybe, but that makes no sense as you are not a company selling things here…In fact I might even feel sorry for her – missing out on what’s important in life, for example a big, natural sonrisa!
hey amiga! i love learning those little tidbits from other countries. that’s a fun one!
no; about the only thing i’m selling here — hmmm, the answer is: SONRISAS! (and every so often a doe of reality that’s not so fun.)
thank you! sending lovely tropical flowers to help shorten your winter! z
Hi Lisa! What a destabilizing event. Pay no mind. You are in no way infringing any laws. Her company name is Sonrisa designs, you are Zeebra Designs, hence you are clearly two different entities. No one can prevent anyone from using specific words unless those words are trademarked brand names that you are also using to promote and profit from. She cannot prevent you from using words, that is plain ridiculous. I visited her site, and for some one who is claiming to be anti-hate, this is looking like pure hypocrisy. Keep smiling and sharing your love through your art 🙂
your feedback is sound, and you’re right, her message did not reflect kindness AT ALL!
one large genuine smile graces my face – thanks! z
Life is too short to bother with this sort of nonsense. Leave it with your lawyers and go back to creating beautiful objects!
thanks, my wise friend! i had taken a break from painting when the comment arrived, and i dodged painting afterward – when something occupies my mind, my painting turns dark and muddy.. paints are now at my side, and i’m about to resume work on a ‘funky little table’ that’s so ugly it’s fun! will share photos soon!
z
Oh, my gosh…I think you’re correct, Lisa, that she must have some history creating bitterness where infringement of her ideas is concerned. Still, that initial anger and offensiveness had to be upsetting. I’m so sorry that happened to you! I know how something like that can derail a whole day’s productiveness. I’m feeling kind of muddied right now, too, and trying to work my way through it. I hope the rest of your day goes better!
i would also feel muddled if i were enduring extreme cold weather! i have the option of going outside and pulling weeds/tending the garden, and that’s always an easy way to let go of stress. i managed to keep my bright colors from turning muddy today – yay~ i must be maturing! z
Years ago I knew a woman named Sonrisa. She must have been infringing on this same trademark/copyright? 🙂
you made me laugh! thanks!!!! z
Absolutely bizarre….ignore ignore ignore
thanks! i can picture your expression as you repeat that word ignore! z
Z, when I have tried to do a search on my iphone for Zeebra Designs, I get about three pages of zebra designs. To Barney’s point, it sounds pretty common. But, as I am not an attorney, please never take anything I say as legal advice. I think you did the right thing showing it to your attorney. Best wishes, BTG
thanks, amigo. i don’t want to be flippant and insensitive, but i also believe in standing up for what’s fair – and for using an attorney who knows the law much better than i!
z
Now I know why you were thinking of me! Ugh! Never thought it would be reversed. She seems off base to me.
thanks!! yes, your presence was felt! z
Z- funny how our paths cross like this…
Oddly enough, an hour ago I just had a guy take my post, change a few words around, and make it sound like he wrote it himself. What he didn’t realize is that when he cut and pasted my entire post, all the links came with it! So wordpress asked me to approve his comment. Haha! Busted.
oh my goodness! busted is right, but wow, it shows how many cheaters there are out there. i’m glad you caught it! z
My, what an ordeal. I hope it all works out for you and there is no conflict that needs to be resolved. It is hard in this big world not to have ideas, names or personal art not overlap with others.
yes, it would be wonderful if the balance of power was given to those who ‘just did right,’ the word ‘ego’ would be obsolete!
z
Here’s a line from the bottom of her website, right above all kinds of copyright language (she’s REALLY into copyright protection!):
“DISCLAIMER: We are NOT affiliated with the “Sonrisa Toys Website,” which sells Imported Plastic Toys from China!”
Wonder if she sent a similar outraged letter to the Sonrisa Toys people??? Or if they’ve sent one to her yet. Who would be infringing on who is the question. :-)) Meanwhile, I think her post on your blog is worthy of about 1 millisecond of your attention.
you are right, and i wonder what history is there that we don’t know about.
thank you so much for the time you spent and for your wise feedback! yes – thank you for caring! lisa/z
Lisa – If sonrisadesigns.com thinks you have violated their copyright by using the common Spanish word, “sonrisa” in some of your posts they should be extremely worried! Their “tradename” or “copyrighted” website uses the word, “design.”
According to my quick Google search, there are over 243,000,000 websites using the common English word, “design” in their websites. Assuming half of them have been in business longer than twelve years – using the same faulty logic expressed in sonrisadesigns’ poorly worded tirade – they are agregiously violating approximately 121,500,000 others’ copyrights undoubtedly causing irreparable harm.
Now you know why I chose not to practice law after graduating from law school!
Keep smiling – we love you!
Whoops, I meant “egregiously”… I haven’t even used that word since law school. Should have spell checked.
thank you for that great comparison with the word designs’ – yes, thee’s a time to step up and fight for one’s rights, and there’s a time to realize that it’s not always about ‘us.’ —
thank you for always being there in my corner! i love you both as well! lisa/z
OK, I just went to her website. Besides being a really cheesy website, she certainly is paranoid, which is evident by the numerous red lettered warnings she pasted all over the place. She needs to smile more often. 🙂 Complete nonsense.
yes, the red-letters detract from the page, though they tell me that she’s probably had work stolen.
your weather must be getting pretty hot and ry by now. i hope that the canal project never happens – i cannot imagine how that area of your world would change.it’s so pristine and untouched – aside from seeing those wind turbines on the highway to the border! i hope that your slice remains peaceful for years and years and years!
“Crazy cakes”, as I like to say. If she bothered to read your blog she would know that you would be the last person to violate copyright. Wouldn’t it have been better to say “Hi, Lisa. I see we share a love of smiles and art . Come over and see my site and let me know what you think.” And then you would have linked her kind remark to your blog and we, your followers, may have all become new customers for her. I think she needs to read this article on old fashioned values and blog/www/internet etiquette http://www.smh.com.au/comment/oldfashioned-values-still-important-in-the-world-wide-web-of-anonymity-20140111-30nba.html
hey
thanks for your great comment and for the link to the article; i love ‘brain pickings’ and appreciate its arrival every sunday morning! it’s good to know more about the person behind the periodical!
your suggestions are perfect, and you’re right; the way we address someone or approach them, makes all the difference in how others perceive us! thanks, dear sweet kind friend!
Great that you are also a fan of ‘brain pickings’. I am off to sleep now. Hope this nonsense and distress for you is resolved soon.
Isn’t that amazing? Some people take advantage of anything including saying you stole their trademark. I know you don’t sell anything, but I was told the years ago by a fellow psychic to make sure that I copyrighted everything on my website because she had been ripped off pretty bad. I did so and have not had problems. I certainly hope you get this resolved my friend. Many blessings, Cherokee Billie
hey amiga
thank you for your feedback, and i am hopeful that she just wanted to be heard and is satisfied.
thank you for sharing your wisdom, and i think that all of us will be a little more attentive to copyrights and our legal rights! myae we’ll also think twice before saying things that are not kind or wise.
may your day be a good one. lisa/z
How annoying! It sounds like a lot of nonsense really, I hope it doesn’t cost you a lot of nerves and money.
We’ll keep our fingers crossed for you! 🙂
Best wishes from the four of us
Dina
hey amiga
thank you for your comment, and i am focused on creative tasks – sort of like knitting the problem into fabric – i’m painting it into the past!
it’s so great that ll FOUR of you are there sending me smiles! thanks, i am smiling back! z
🙂 🙂 🙂 🙂
Sounds good, the best way to tackle it!
Big hug
Dina x
WHAAAAAAAAAT?
Apparently sonrisa and the world does NOT sonrisa with you!
I can’t wait until you hear from your lawyer. You are being very restrained. I’d be all WHAAAAAAAAAAAAAAAAAT????????????????? (and then some…)
Keep us posted – so to speak and have a way better day. 🙂
you are so funny! thank you for your genuine feedback – it’s good to see how others perceived the comment!
thank you amiga! i needed the smile!
Aw, what the heck. One more for good measure.
😀
Holy crap, Lisa! So sorry to hear that this happened. She sounds rather nutty to me! Let us know what develops. Wonder if she will object to your using her comment? Is that, too, copyrighted? Hang in there, my friend!
Hugs from Ecuador,
Kathy
since the comment was on a public open post, no, there’s no copyright there.. i did not ‘copy’ her reply about ‘sonrisa and smile’ as that as in a private email, so i summarized it.
thanks so much for your concern/shock, and i will let you know what does or does not happen! z
I don’t know much about copyright law but this seems like quite the far reach for this woman to make. I cannot imagine that you would not be permitted to use the word smile or sonrisa in your posts. Seems utterly ridiculous to me! Sending good thoughts your way Lisa.
thanks, amiga. the more i ponder, the more i realize she just wants to be heard.
Certainly hope that is all there is to it. 🙂
You cannot trademark common words or copyright ideas, although Apple has managed to patent some in the pass and Candy Crush is trying to claim ownership to the word saga. The person who contacted you seems to believe you are someone else from her comments and this may have fueled her anger. The best thing is not to fight fire with fire. Be calm and composed and state your objections to her argument and try and state a conclusion which is logical and reasonable. Too many people rush to anger when being reasonable can get you a lot further.
thanks for your wise feedback, and you’re right.. it seemed she was particularly upset with me – a stranger – and for what? you could teach her pointers about diplomacy!
no, i didn’t write back with a huffy attitude! i learned long ago to remove the ego, and to walk away from someone who wanted a fight! i suppose that applies here, though i do not want to ignore her query and then get in trouble for ignoring it!
Just because two of the same words show up on your sites does not mean one is copying the other.
She’s crazy. You did not violate any U.S. copywrite laws. 😁
I would have been tempted to tell her to stick it where the sonrisa doesn’t shine… Most people have way too much time on their hands and have no clue what the difference between copyright and trademark is… Ignorance is no excuse but ignoring will do the job in this case!
ha! i might scrawl that one on a piece of paper and put it where it smiles at me each day! great! thanks!
You’re very welcome!
Wow! I guess I can’t use the word positive on my website because it sure is on many others. 🙂 Don’t lose any sleep!
ha! yes, that’s like asking a bird not to sing!
i lobbed it to my attorney and will follow his advice. thanks, amiga! z
This is simple. For example, from this website.
“Question: Does copyright protect words or short phrases?
Answer: No. Names, titles, and short phrases are not subject to copyright protection. These are not deemed to be “original works of authorship” under the Copyright Act. Names may be protected by trademark, in some instances. See the Trademark FAQ for more information.
And here is the Trademark FAQ. You’re not using Sonrisa as a trademark for a line of goods, etc. You’re using it as a common word or, occasionally, in the title of a work of art, etc.
I think you’re absolutely in the clear. There are crazy people in this world. Some of them are scammers, looking for ignorant people who will get scared and offer some sort of “settlement”. I say – Fiddlesticks!
I do understand how something entirely out of the blue can really set a person off, though, and start sapping energy. I had a little experience of that myself this week. It’s hard to shake off, but it’s important to do so.
Besides – are you incorporated anywhere? US? Ecuador? If you aren’t incorporated or using a DBA, I don’t think the phrase “your company” is appropriate or relevant.
What a world.
hey amiga
you’re so good and so kind, and i often wonder how you are able to put so much of yourself into so many comments and feedback to others! thank you so much! your support is always appreciated!
hope the weather’ being nice.. i know it’s cold cold cold in all of mississippi….
z
I suspect this demented individual has really enjoyed stirring up the pot and making your life a living hell. I wonder what would have happened if you had just spam blocked her. I know…she’d have moved on to her next victim, hoping for some quick and easy publicity along the way.
Why oh why must we endure stupidity? Oh…I know…it builds character…
i think/thought i replied to this, but the notifications say that i did not. anyhoo, thank you so much, and i hope that she’s had her say and will now focus on creating art. thank you!
i first thought that it was spam; some of those spammers are quite clever!
yes, were’re building more character, building more character, building more character..
There couldn’t possibly be more than one of you, Lisa! 🙂 Bit of a fright though.
ha ha! thanks!!! z
This is absolutely CRAZY! I used to work for trademark and copyright law and in order to be an infringement it needs to be the exact same word/business name and it must have been copyrighted already. She is just plain nuts!!! Hope she disappeared! How rude to of her to address you that way. Very strange world out there. !
it’s so great to receive your comment- i can picture you working for a firm like that! / thank you so much for your positive feedback and support!….
z
What a strange and very disjointed website this paranoid lady has. Maybe her whole idea was to get you riled up. I hope it is a storm in a teacup and you can now get back to doing what you do so well, creating great art work and spreading joy and happiness
Hi Lisa, sorry to be so late getting to this. I agree with rangewriter and others who have commented. I think there are some out there who try to intimidate their way into self-perceived “control” of territory (including online territory) and it appears to me this may be an instance of just this sort of thing. Take it as a rather twisted compliment; if you were not noteworthy and remarkable, she wouldn’t be worried about you! 🙂
hey! thanks! it’s good to see it through other’s eyes. i remain baffled how someone could attempt to claim common nouns.. that option is granted on very rare circumstances and usually to the big big big players on the field!
Unbelievable! No where on her site do I see the Trademark symbol – TM. Not in the name or anywhere else. There is no copyright infringement as you feature your own work. This gal sounds like a total nut case!
Sitting here amazed at this woman’s stupidity. How can you TM a commonly used word, when your name and site look nothing like hers. She sounds like a bit of a nutter to me.
Modern times. Sorry Z, I hopefully things have improved since this post and the spinning has stopped.
you are so kind! thank you… am with a tour group so little time for updates!
z
You’re in trouble now. I have a copyright and patent on the word playa. I invented it in a former life. My attorney will contact you … if I can get her to return my calls!
Sending you a sonrisa from Australia! Thanks for the follow and now I know the Spanish word for smile! 😊 Your blog is beautiful and original. Happy painting!
oh you just gave me a GRAND SMILE! thanks!!!