Oh... goody. *sigh*TEASEPLEASEINC said:Now I get to rant for a bit.
"So what if I murdered the guy, everyone else was doing it..."TEASEPLEASEINC said:Everyone out here steals from everyone, I can pull up 10 sites and at least 4 of them will have the same idea for a shirt or nearly the same design.
Original content is not inevitable. If it were we wouldn't be having this conversation.TEASEPLEASEINC said:I think it is inevitable to have all original content
No actually, it's not.TEASEPLEASEINC said:eventually someone is going to come along and take it change one or 2 things and call it their own, which by copywright law is ok, cause they have changed the design.
First off, I simply don't believe that T-shirt Hell could even be aware of someone as tiny, new and consequently invisible as your store. The idea that they stole a shirt design from you is laughable. That pretty much leaves two options, 1) You're lying, and stole it from them, and 2) You're both referencing the same popular culture of the moment and independently came up with the same idea. The idea isn't sophisticated, so there's every reason to believe it's option two. I certainly wouldn't put it past T-shirt Hell to steal (I bet they've done it in the past and will do it again), but I think they'd need to see the idea first to steal it.TEASEPLEASEINC said:As far as the shirt on tshirthell and on ours we had that up for nearly a month, then they have it now too, and which Ben has already said we are the newbie in the biz, and hell is the top dog, so they are obviously what everyone bases opinions, ideas, and what not on.
The thing you have to remember about trademarks is that it is designed to protect a *brand*. Not a cool/unique phrase or idea. But to specifically protect a brand name.I'm in the process of trademarking a phrase that is a fairly unusual combination of words that has never shown up, to my knowledge, on an article of clothing or any other sort of good. My lawyer just received the report back from the trademark office, in which my application was politely denied, even though they acknowledged that the phrase was not in use as far as they were concerned
First, it loaded fine. I did not hear any music at all but my browser blocks a lot of annoying things. On the surface the site looks good.teaseplease said:
I can tell you why it is important not to price your products too low…perceived value. Normally, you don’t want potential customers to think that your products are “cheap”. If that’s the image you WANT to convey, that’s fine, but you must also take into account that many people don’t want to buy “cheap” things. In their mind they equate “low price” (cheap) with poor quality. It may not necessarily be the case, but it does not matter if a potential customer perceives it as such, and therefore does not purchase.Preston said:I read several post that stated your prices where too low. Why? The real question is are you going to make a porfit. Who cares what others think about your pricing as long as you can sell the shirts and make a profit.
This is true. The actual garment may be costing them next to nothing, and they could be netting a decent amount per shirt. But that’s not REALLY what counts, in my opinion. What really counts is “maximizing” profits. Because if you are not maximizing profits, then you are leaving money "on the table". And I can’t see how that’s any good at all. So the question should be “Have I priced my products so that I am getting the highest percentage possible of people that like my products to buy them?” The problem is you have people, like I said earlier, that wouldn’t buy a product if it were priced to low, AND you have people that won’t buy a product if it is priced too high. So coming up with correct price points is the only you are going to maximize your profits, which means maximizing your efforts. Which also means knowing your market. Have they done this? I don’t know enough about this particular market to know whether they have or not. But seeing a couple of people comment on a price being TOO LOW, could be an indication that they may want to re-think their pricing.Preston said:You shirts are all simple one or two color spot prints. Depending on how many you are buying at a time, the $12.00 selling price could be netting you a healthy profit and thats what counts.
My turn again for a rebuttal, for the misconception that was just posted in reply to my rant.Solmu said:Oh... goody. *sigh*
I had refrained from saying anything to the earlier post because I figured enough had been said, but if you really want to pursue it....
My statement has nothing to do with that comment you made about murdering someone cause everyone was doing it. That is just a cheap shot and you know it, everyone knows that just cause he does it and so does she doesn't make it ok for me to do it. So next time don't drag us down just cause you read into things too deep or can't understand what was being said. Why would I care if Joe said the same thing as Susie said in a post 3 weeks ago, who cares, we are talking about designs on shirts and phrases on shirts, I guess this commment you made just shows how much you really are in tune with this conversation in this thread. Glad to hear about the boondocks too, it made me think of what it would be like to be you to live there, sad...sad...sad...Solmu said:"So what if I murdered the guy, everyone else was doing it..."
Come on, just because it's small time doesn't mean that excuse suddenly makes any damn sense at all. And if by "on here" you mean these forums, while obviously there's some plagiarism there's surprisingly little, and amongst the regulars it's downright uncommon. What flies in the boondocks doesn't pass in civilised society..
I said I think I didn't say cold hard fact is you can't have original content, it was meant to be viewed as sooner or later someone comes in takes an idea, reverse engineers it or something like that, changes a few things, and calls it their own, and going to 10 different tshirt sites you will find duplicate designs, or somewhat similar designs on them, so I guess technically I could be wrong cause the orginal content is going to hold true cause I was the first guy to have a shirt with 2 snails and 5 caterpillers in a sex scene on it, and then the next guy takes it and changes one thing calls it his own and sells it I guess yeah the first one is original content, so I will say sorry I was wrong in that comment, sorry. Thanks for pointing that out to me.Solmu said:Original content is not inevitable. If it were we wouldn't be having this conversation.
True you can't copyright words or a phrase, but you can trademark it as long as it is the basis for your company and has pretty much everything to do with the name, but a novel with a spelunking dishwasher as the main character might have a pretty good future, you should think about pursuing that one, lol, just playing man, it was funny though.Solmu said:No actually, it's not.
Copyright law offers a lot more protection than that to copyrighted works. On the other hand something as short as a sentence cannot be copyrighted.
I suspect it's actually a bit of a grey area in this case - you can't copyright a sentence or a word, so that other writers aren't restricted to having to write a novel that consists of the phrase "spelunking dishwasher" 40,000 times. Personally I'm not convinced a court wouldn't uphold copyright on a short unique phrase in the context of a t-shirt design though. I have no idea what the reality is though - anyone know if it's been tested? It's more the realm of trademark law, so it's complicated.
Yeah tshirthell prolly doesn't know who we are, and I really don't care who they are either. I don't visit tshirt sites to get ideas, or steal or reverse engineer ideas. However if you want me to I can, which it almost sounds like that is what you are accusing me of so since you want to put cart before the horse then fine, you just do that. I am not laughing either about them stealing an idea from us, yeah it was misworded as in they could very easily come up with the same idea as us, it is not prepostorous to think that, and it is def. possible. So I can agree with you on that one, coincidence, yes. Do they steal, oh I am sure they do, twist an idea around, call it their own why not, it is the american way. Take, take, take. lol.Solmu said:First off, I simply don't believe that T-shirt Hell could even be aware of someone as tiny, new and consequently invisible as your store. The idea that they stole a shirt design from you is laughable. That pretty much leaves two options, 1) You're lying, and stole it from them, and 2) You're both referencing the same popular culture of the moment and independently came up with the same idea. The idea isn't sophisticated, so there's every reason to believe it's option two. I certainly wouldn't put it past T-shirt Hell to steal (I bet they've done it in the past and will do it again), but I think they'd need to see the idea first to steal it.
However I wasn't talking about the Tom shirt, but rather the "There are two people ... " shirt. I find it interesting that you both leapt to the defence of the wrong shirt.
While you may be able to get away with it legally, I don't feel it's within the spirit of the law, and I certainly don't feel it's moral. Sure some things are generic ("I'm with stupid") or so obvious no-one can claim ownership ("The only Bush I trust is my own"), but "There are two people f***ing on the back of my shirt" seems pretty specific to me.
I'm not saying you're necessarily breaking the law - I'm saying you stole it and as a customer I wouldn't like that.
I guess ultimately my point is that your designs seem largely derivative, so you're not a very attractive proposition to customers. You do have cheap prices, but other than that what are you offering that would make people buy from you instead of someone else? You're not the only one to be cheap, and you're certainly not the only one with those concepts on a tee. Your site is far from being the worst I've seen, but it's a long way off the best too. What's your angle? You don't need one to get some sales, but it really helps to get a significant amount.