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purpleturtle wrote:Dragons4Life wrote:
I wrote a note to that seller, just a friendly one, letting him know it’s not the real thing and he either needs to change the description or take the auction down.
I mean he’s blatantly advertising it as an authentic Windstone and it’s NOT. Isn’t that illegal?
Thanks. I was actually going to do that myself but kept chickening out 😳 . I’m pretty sure it’s not kosher to describe it as a real Windstone. It’s also possible the seller really doesn’t know it’s a fake and is making an honest mistake :scratch: . But who knows? I wonder how they will respond to you…I think you can only be sued if you put it up, you are told by an authority on the subject that it is fake and to take it down (ie John), but you persist and leave it up the way it is. Chances are she doesn’t really know it’s not a real Windstone, she probably Googled “Pena dragon” to get some info for her auction and saw it was a Windstone, if she doesn’t collect them how would she know it was fake? Look at some of the special OOAK pieces Melody has done in the past. And especialy since there are some of the older knock offs that really do look a lot like the real thing with the only difference being they are lighter and the edges look mushy and less defined (like this one). Once John (if you guys e-mailed this auction to him) sends her a message and tells her to take the auction down, then she has to take it down, there may be some things if she persists in keeping it up, like a written cease and desist order if it comes to that, but a nice letter from John should resolve the situation with this particular seller. I honestly don’t think this seller is trying to rip off Windstone, she may genuinely thing she has a real speccial piece there. Anyway, just trying to be the voice of reason before we all get our pitch forks!
Dragons4Life, sending her a nice informative message was probably the best thing too, you may want to write the seller back and give her John’s e-mail and tell them to contact him if they have any further questions about the piece. That way it’s out of our hands and into those of someone more capable, and if it comes down to it later in court for some reason, she can’t have the excuse “But I didn’t know!”. =P But again, I doubt it will come to that. ANyway, good on you for contacting her, I can’t wait to see what she says. (All this of course is assuming this a female seller 😳 )
This is listed as a Peacock Emperor – http://cgi.ebay.com/Peacock-Emperor-Dragon-Sculpture-from-Windstone-no-res_W0QQitemZ320446094444QQcmdZViewItemQQptZLH_DefaultDomain_0?hash=item4a9c135c6c
It’s obviously a mama dragon but is it Amethyst? Peacock? Re-paint?
twindragonsmum
tdm
I agree, I think it’s a peacock mother with some warm lighting (probably ‘warm’ incandescent bulbs).
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My art: featherdust.comI am not sure you would call them knock offs because they sure are ugly but I thnk they are very similar
there is no way this is real is it?
Griffinlover wrote:there is no way this is real is it?
How about this one as well?:
http://cgi.ebay.com/Windstone-Fautasy-Baby-Dinosaur-Pena-94_W0QQitemZ200407554962QQcmdZViewItemQQptZLH_DefaultDomain_0?hash=item2ea9389b92those are both real 🙂 they’re the hatching gargoyle and I don’t know the cat gargoyles official name
Leigha wrote:those are both real 🙂 they’re the hatching gargoyle and I don’t know the cat gargoyles official name
The Winged Cat Gargoyle.
Griffinlover wrote:there is no way this is real is it?
How about this one as well?:
http://cgi.ebay.com/Windstone-Fautasy-Baby-Dinosaur-Pena-94_W0QQitemZ200407554962QQcmdZViewItemQQptZLH_DefaultDomain_0?hash=item2ea9389b92Those both appear to be genuine Windstones!
darjeb wrote:I am not sure you would call them knock offs because they sure are ugly but I thnk they are very similar
I don’t think any of those have traits similar enough to Windstone or Melody’s work to be considered an infringement. The idea of a dragon (or dinosaur or whatever) hatching from an egg is not Windstones… only the look, pose and colors of Windstone dragons hatching from eggs are owned by Windstone. 🙂
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My art: featherdust.comNirvanacat13 wrote:chrisherself wrote:Here’s one that looks like the Empress, Emperor and Kinglet all shared an egg 😆
http://cgi.ebay.com/Dragons-Egg-Hatching-by-Long-Arch-2002_W0QQitemZ350252684951QQI think those have the best chance at being infringements, the first one is definitely a ripoff of the Hatching Royalty sculpts, the other three they could get mostly on color scheme infringement, there are only so many ways to pose a dragon, and the dragons themselves look different enough from windstones without much similarity other than the coloring.
😮 OMG I have one of those….purchased it a long time ago and was going to remake it. At the time I didn’t know Windstone enough to know they had 3 sculpts that this was copied from.
I didn’t even think I still had it until last weekend when it was unpack with the rest of my craft stuff.
Didn’t think I would ever see another one 😕I think those are rather nice. I can’t see it being infringment though because it’s not like no other company can have dragons hatching out of eggs. I can see the similarities, but I don’t think it qualifies as infringement.
Of course this is just my opinion and I could be wrong…
I like it to 😳 . It’s actually one of the nicer looking knock-offs I’ve seen. The dragons do have an uncanny similarity to the hatching royalty to me. The way the heads are shaped, the position of the wing and arm and even the coloring is very similar in my opinion. This piece was definitely inspired by the Windstions hatchers 😉 .
Dragons4Life wrote:I think those are rather nice. I can’t see it being infringment though because it’s not like no other company can have dragons hatching out of eggs. I can see the similarities, but I don’t think it qualifies as infringement.
Of course this is just my opinion and I could be wrong…
The dragons themselves are to closely sculpt like Melody’s. The scales, face and pose are about the same way.
I’ll try to find mine by this weekend and post pictures with the original sculpt and you will see. 😉
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