Not long after the invention of the Unicorn Browband™ in 2005, imitations began emerging on the internet. The imitators not only copied our trademark “Unicorn Browband™” and signature browband shape and design, some also went so far as to copy our slogans, product descriptions, and website texts relating to custom ordering and shipping.
One of our customers recently alerted us of a Chinese seller on the Amazon Marketplace using one of our photos to sell cheap imitations. Not only is this a flagrant violation of copyright, it is fraud.
Our photos have been widely shared on social media and become associated with the If Wishes Were Ponies/WishPony brand, and a buyer can easily mistake this fake Amazon product listing as a genuine WishPony product; however, what they will receive is a poor and cheap imitation from a dishonest Chinese seller.
What makes WishPony products unique?
Each and every WishPony product is an original design and handmade by the two owners of If Wishes Were Ponies (WishPony.com). We are a small family business and we personally design, make, and ship each and every single one of our products from our studio in Southern California.
No other seller has the “same thing” regardless of product title, description, photo, or claim, because every one of our items is original and unique to us — from patterns, to templates, to techniques.
How can I tell if a listing on another website or marketplace is an actual WishPony product?
WishPony products are only sold here at WishPony.com and sometimes on Etsy under the shop name IfWishesWerePonies. Any other seller offering horns with our photos is a fake.
Why does it matter if someone uses your photos?
By law, we (the copyright holder of the photo) are the only party permitted to use our intellectual property (photos, texts, trademarks) for commercial purposes. Any party using our intellectual property for commercial gain is breaking the law.
Copyright is a serious matter. The financial cost of each photo includes (but isn’t limited to) photography equipment, tack, grooming tools, props, decor, mileage, photo editing software, and more (such as the board and keep of a pony used to test new designs and model our products in the photos.)
In addition to financial costs, each photo shoot is a full day’s work which includes travel, cleaning and grooming a grey pony, taking hundreds of photos of several products from every angle, tacking and un-tacking several times, etc. Following each shoot, we spend several days on post-processing to make each photo suitable for use on our website.
Lazy and dishonest sellers bypass the cost and work of producing the photo and not only cheats us but also unwitting consumers who think they’re getting a genuine WishPony horn.
Why didn’t you watermark your photos?
Actually, we did. Each photo uploaded to this site contains at least one WishPony watermark (some contain additional inconspicuous watermarks). In order to not detract from the effect of the photo, the watermark was placed next to the Unicorn in the photo. As the removal of a watermark constitutes a further and more serious violation of copyright which brings higher penalties, we had thought it would be enough to dissuade would-be thieves.
Over the next few weeks, you may see some changes to the way our images are watermarked and protected on our site.
What should I do if I come across sites and sellers using your photos, descriptions, or product name?
Please drop us a quick note with a link to the web page that is using our photo so we can take appropriate action. This will not only help us protect our brand that we have worked for 13 years to establish and maintain, but it will help stop criminals from illegally profiting off of other people’s work, and protect consumers who might be deceived by counterfeit sellers and products.
Remember, dishonest people who have no qualms about stealing from other sellers will also be dishonest in their own dealings with customers.
I’m a WishPony customer. Can I use your photos on my advertisements?
Please understand that our photos represent us and our brand, which is unique to us. If you wish to advertise your photography or pony party business (your own brand), it is very important to take your own photos to accurately and honestly represent your own brand, service, and/or product. This is also important in order to prevent confusion to your customers.
What’s the big deal about copyright?
Copyright protects the livelihood of creators of intellectual property who rely on their efforts to pay rent, bills, buy food, and raise their children. To learn more about copyright, please visit copyright.gov.