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No the paint job is well done, but on here it has been said many times that they dont like for us to paint these to look like their colors.
I think what bothers me is that they are trying to play so hard off of the secret keeper. I mean look at the description:
“Windstone Dragon is custom & propainted painted by me to look JUST LIKE the “Secret Keeper” but with a few modifications for copyright purposes by using a combination of hand painting with small and tiny brushes, and airbrushing JUST to add highlights. ………. you can see she has a mostly black body like the UN-RELEASED “SECRET KEEPER”………She ALSO like the yet UN-RELEASED “Secret Keeper” has the PURE GOLD markings on her sides.”
It’s obvious they are trying to profit off the look of the secret keeper. And they are misinformed; Windstone owns a trade dress on their products (in addition to copyright on the statue itself… can’t copyright a color but you can trade dress it) which means any coloration that is similar enough that there could be confusion is protected. If it looks like it, then it looks like it. I doubt Windstone will go after this person but if they are deliberately creating confusion (with their photos and username especially) it may be grounds for something. It’s up to John though. I just think it’s irritating that they would play off the secret keeper and Melody’s color scheme on him like this. The fact that it’s a Windstone product that they’re selling should be enough for any collector to know the quality involved.
Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.comI know it! That “Un-released Secret Keeper” killed me! How many times do ya gotta say it?? That, along with the name, is enough to bug me.
I admit I did find her ebay username confusing as well at first, and I don’t much like what they’re doing with this little PYO (description and color scheme). It really feels to me like someone who’s trying to profit by another person’s work. It may not be her intention at all, but it’s too close for comfort to me.
When I first saw it I had to double check. For a second I thought Windstone changed it’s name…or perhaps Melody or Nambroth may have painted it…but then I saw otherwise. It looks awesome, but I think it’s very close to the paint job of the Keeper, which moany Windstone Collectors may not even know about yet. :shrugs: Up to Windstone though. I hope it doesn’t become a problem.
yes this item is super offensive!!! hey did that person ASK to use the pics of the secret keeper?! ha, i doubt it! there’s using pics without permission right there. but yes, just like nam said this is a blatent act of trying to profit off of windstone and DEFINITELY creating confusion, like they are an affiliate of windstone or something.. the “just like the secret here” and “just like the secret keeper there” is rediculous!! not to mention that seller name in my opinion is too close. it really sounds like a name windstone itself would take if selling on ebay. “ilovewindstones” or “windstonecollector” obviously is ok, as they apply a different relationship to the pieces than “windstonecreations” does.
aaaaaand dont tell me if they make the money they want off of selling this one that they won’t paint another PYO off of another windstone color scheme, as its easier to steal ideas than come up with your own!!! hmmm then what do you do about them? well, last time was ok but not this time? then there might be trouble.they definitely need at least an email from windstone saying “we appreciate you love our paint patterns, but we don’t really appreciate their replication as it confuses buyers as to the pieces origin and technically there is protection against anything too similar.” that’s just my irate two cents.
i didn’t post my PYO dragon on ebay because it came out similiar to peacock and i want to play fair. i have backed bills the money from selling that piece would have paid, but i happily took that blow to be pc, and i respect all aspects of the rules, and am happy to adhere to them cuz i love windstones, not exploit them to my own ends.bear with me if my wording is jumbled- i just woke up.lazy sunday.
also, it does show they knew very well about any potential copyright infringement but they did it anyway! however i would say any tiny differences they claimed to have put it juuuust make it different enough would have been differences that could have made when the subject changed. meaning the peacock paintjob varies greatly from sculpture to sculpture, like spectral to scratcher to OW to fledge, for not each exact paint job pattern looks the best on each sculpture pose, it needs to be changed to look its best on the piece. its all peacock, heck even the peacock on the mother and the original family is called peacock and its way different from the fledges peacock, but its still peacock!!! anyhoo, any small variations someone makes are debatable as to if windstone themselves would have put those features themselves on other poses, because its just too close.
if its close enough to cause confusion, its TOO CLOSE.Has anyone won a auction from this person? I like it kind of looks fishy that they have changed their name every so often.
dragonessjade wrote:Has anyone won a auction from this person? I like it kind of looks fishy that they have changed their name every so often.
I think Keplilly won one of their griffins.
I completely agree that it is wrong to infringe on Melody’s copyright but I have to say it is a beautiful dragon. And if you look at her feedback she has done a couple of cool griffins and another dragon. She also buys Windstones. So I really think this is a case of someone who really loves Melody’s work and believes that imitation is the highest form of flattery. And didn’t mean to cross the line. Which doesn’t make it right and if John says it is too close I won’t bid on it – although it is very tempting.
It’s a beautiful dragon. It’ll look nice on Ski’s shelf next to Water’s leopard frog. 😆 But I think the description is over-wordy and I do believe she’s trying to make extra money off the BEP color.
skigod377 wrote:I know it! That “Un-released Secret Keeper” killed me! How many times do ya gotta say it?? That, along with the name, is enough to bug me.
Besides, I just noticed that some of her information is completely false: “ONLY TWO “SECRET KEEPER’S” that were sold on Ebay FOR AT LEAST $2,500.00″
There were 6 BEP Secret Keepers sold on ebay, 15 SKs alltogether if you count the other colors! And not a single one of them sold for $2,500.00, the one that came closest was the Violet Flame OOAK at $2,162.00!
If it’s ignorance it’s no excuse, you have to research your information before you use it to make a sale! And if it isn’t ingnorance, then it’s an outright lie!
littleironhorse wrote:skigod377 wrote:I know it! That “Un-released Secret Keeper” killed me! How many times do ya gotta say it?? That, along with the name, is enough to bug me.
Besides, I just noticed that some of her information is completely false: “ONLY TWO “SECRET KEEPER’S” that were sold on Ebay FOR AT LEAST $2,500.00″
There were 6 BEP Secret Keepers sold on ebay, 15 SKs alltogether if you count the other colors! And not a single one of them sold for $2,500.00, the one that came closest was the Violet Flame OOAK at $2,162.00!
If it’s ignorance it’s no excuse, you have to research your information before you use it to make a sale! And if it isn’t ingnorance, then it’s an outright lie!
LOL! Break it down LIH!! 😆 We should call you “Data!”
I agree with you, though I figured she probably only saw two. Still no excuse.
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