Joy Clarkshire - Grandma's Soaps plagiarizes handmade soap Sherican, Indiana

Dino,

Thank you for your comment. I am getting past this. As I communicate with my customers, they are coming to know the truth about this. You're right! I do need to get back to soapmaking. I just had another large order come in.

Your wisdom to say focus on making soap, is good. If I do show up in front of a judge, I will stand up for my rights.

How is the weather in Long Island? Thanks for stopping by and for your comments.

soap ;ady, this is the big problem in life?

i say welcome to the business world, if you have paper work, like copy right, pantnted pACKAgeing, non disclosure agreement, non compete papers....well then , take in front the judge and get your just due

if you did not do your due dillagence and have no papers, there for no case. just drop the matter and get on with your business

energy spent on this eitherway is a waste, either hire a lawyer let them worry or just get over it!!

your time and energy better spent making soap and new business

dino

long island

You stated  to the best of my understanding that I could not accept competition. Then why is it the case, that for the past few years, whenever I ran out of an essential oil soap, I would send my customers over to the other soapmaker at the market?  I would talk to her, she would talk to me. I didn't wrap my soaps like hers and she didn't wrap her soaps like mine.

Here's the REAL issue about competiitiion as far as I am concerned.   For years I have built up my customer following. To the best of my understanding the Winter Mart was advertised to run when the Summer Market did not.  I saw the article to this in the newspaper.

I have INVOICES where Joy purchased soap from me for resale.  She told me, to the best of my memory, that she was not a soapmaker. I don't CARE if she makes or sells soaps.  What I have a problem with is this, and let me spell it out for you very clearly because you are obviously having trouble, I believe, understanding me.

1. Joy loved my wrapping and commented on it when she bulk purchased from me. I have my children and my husband who witnessed her stating this.  I have invoices from her, I have accepted money from her on a wholesale basis.

ergo

2. The Winter Mart happens. I am not allowed to set up there. But Joy is. Here's the problem. My CUSTOMERS FROM THE PAST TEN YEARS of my selling at the summer market, are, I allege, going in there to find me, and they can't. Because I am not allowed to sell, and the person whom I allege is copying my packaging design IS SELLING. 

Now, what did you say about my being afraid of competition? To the best of my understanding, and I have kept letters from one of the organizers, I am not ALLOWED to compete with this person. So how can I be scared of competition? Or how is this competition fair?   It's not.

A.  The winter market was advertised to run when summer market doesn't.

B. I am not allowed to sell at the winter market, though I can sell at the Summer Market. I got assurance of the latter via email from the director.

C. I NEVER made the final determination of who sold and who didn't sell soaps. The volunteer director did.

So, your rebuttal is not factual, it defames me in calling me histrionic and does not solve the problem. It focuses, I believe, on animosity instead of a positive solution. You called me histrionic. This has NOTHING to do with the issue at hand.  You state that I don't want competition. Yet I am the one, to the best of my understanding, and I have it on email from one of the organizers, that I am not allowed to set up and sell. 

Furthermore, any documentation to me that is posted here, or sent to my home via snail mail will be viewed as harassment and as a violation of my first amendment rights to voice my concerns (free speech).

Thank you very much. I will not respond to insults. I only respond to positive solutions. I do not intend to insult you, or scare you and I believe you have typed here to do this to me. It didn't work.  Your rebuttal is riddled with inaccuracies and assumptions that are not based on fact and I will file it as evidence of harrassment and personal defamation, as well as anything else that is stated that points to my character or mental status, that would as a result, directly affect my sales to my customers.

Thank you!

With all due respect, I have not slandered nor libelled. I have spoken truth. I cashed a check from Joy Clarkshire for the purchase of wholesale soap.  Later, I went onto Craigslist and noted that she was selling said soaps, with my label and packaging design, indeed MY LABELLING, and REPRESENTED THEM AS HER OWN.

When Joy came to me as a wholesale, I was under the assumption that she was selling my product as a distributor.    I understand from customers that she stated she WAS the soapmaker of the product I made.

Furthermore, Joy purchased from me stating that she did not know how to make soap. That is false. I have a witness from Sheridan who states to me that at the time she was buying from me, she WAS  a soapmaker. This witness stated that her soap wasn't very good.   I was shocked.  Joy did not tell me that she was a soapmaker. She purchased wholesale FROM me, product I CREATED and SOLD IT with labels that were not copies of mine. They WERE my labels.

Histrionic?  Good grief. It seems to me that if you identify yourself it would be a good idea.  What may be considered actionable is the fact that I was denied a place in the Hamilton County Marketplace in January because Susan told me "we have three soapmakers".  One of them, Joy, was a former client of mine. 

Believe me. I would respect this if she used her own packaging. I allege that Joy copied my product. I have customers as witnesses willing to testify that the product confused them. They thought that she was selling for me.

And that's the truth.  I am protected by the first amendment of the United States of America.  I know full well what libel is. I took Business Law. Not at any time did I libel this woman. I stated FACT

Your stating that I am "histrionic" on the other hand, IS LIBEL.  I do not have to prove damages to file a torte if I am defamed online, by you. 

I will not state anything about you. You however, have made defaming comments about me, calling me histrionic. I will ask Ed of the Ripoff Report to get me a copy of that so I can file it, along with everything else I have.

Your turn!

Lillian,

I know the circumstances regarding the situation to which you refer and believe your story to be factually incorrect and bias.  You have alleged plagiarization and theft.  These comments constitute defamation of character and tortious interference with business. 

First, it is factually incorrect that this soap maker was selling your soap as her own.  Apart from your histrionic allegations of unnamed witnesses, you cannot provide one piece of concrete evidence that this is happened.  The reason is clear.  It hasn't.  To infer that this soap maker has actively acted to deceive the public is untrue.  As such, it unfairly impugns her character in a public forum, constitutes an act of slander and defamation and tortiously interferes with her business.  In a word, she has an action at law for your comments. 

Second, this soap maker has not plagarized your work for several reasons.  First, she has not acquired any images, used any protected phrases or slogans, has not acted with any intentions of misrepresentation, and has packaged in a way entirely within her rights to do so.  An allegation of theft and plagiarization impugns this soap maker in a public forum, constitutues an act of defamation and toritiously interferes with her business practice.

You say that you don't mind the competition, but it appears just the opposite.  Your comments are highly biased and your intentions are suspect.  You are not judging this soap maker as a consumer.  You are judging her as a competitor and using factually incorrect information and unsubstantiated accounts to make your case.  In so doing, your conduct exposes this soap maker to undeserved public ridicule and constitutes both slander and defamation.

I recommend that you hire that attorney to help you figure out your rights.  I think your counsel will advise you that your online diatribes against this soap maker are dangerous and tortious.  He will also advise you that you have no cause of action against this soap maker.  I recommend that you "cease and desist" from your bullying and your online character assasination and take this to a more constructive and appropriate forum.