Idra wrote:karla-chan wrote:Kisa wrote:
I have some... complicated feelings about copyright laws. I see why they were invented, and yes, I think they're a good idea as long as it serves the legitimate purpose of protecting someone's idea. But I also think all art/literature/etc builds off itself, and when you prevent that, you stifle creativity. I'm also not a fan of the way that big corporations abuse copyright laws (especially the walt disney copyright expansion, which is some primo bullshit).
More to the point with this discussion, it really comes down to "has BD done enough to distinguish itself and its dessert ideas from the rest of the people who make fantasy dessert dongs?" and I think that's going to be personal. I mean, "fantasy dessert dongs" is a pretty specific category all by itself. There are some things I would definitely say BD has not made distinct enough (the recent caramel apple pours, for example, are almost identical to some frisky beast caramel apple pours for their eggs -- bright green base color, caramel drips, the only real difference was that BD's highlight was thinner). Now, did they copy FB? Probably not, and it's been a while since FB had those eggs afaik. But that's really not the point -- the point is, they're SO similar and personally I think BD should have chosen a different theme and not replicated pours already made by FB so closely. ESPECIALLY since BD is a much bigger business.
So far the champagne cake color seems pretty different from what I've seen from other makers, and I'm willing to give the benefit of the doubt to BD that sweet/dessert items & sex have been together as a concept for a long time. But I know, for example, DA usually has her "discount chocolate day" around February. If BD's February dessert color is heavily chocolate themed, then yeah, you better believe I'm going to be side eyeing them. I get that you could argue "Valentine's day and chocolate go together!" but like, this is A Thing DA has been doing for a while now and it's specific enough to be kind of a problem for me if BD also does the thing. Again, even if it doesn't mean they COPIED her or "stole her idea", it's still just... icky. And they shouldn't do it.
One of my hobbies is makeup, and one thing I notice when I look at all the eyeshadows and lipsticks.... I end up finding the same exact shade popping up in several companies. Some even with the same names. An example is Sally Hansen's nail polish named Pacific Blue, it was really popular, and what did Maybelline do? Make the exact same color for their nail polish line and named it Pacific Blues.
It's that "stepping on toes?" Probably, but why would Maybelline care? They aren't sister companies, they will never have to work with one another. People are still going to buy their product, and there's nothing Sally Hansen can do, but say "well we made this color popular first." Sally Hansen later reformulated the color, and ruined the formula, so even though Sally's is cheaper, ain't nobody is buying that color anymore. They all go to Maybelline and other competitors for that shade now.
Seeing as it's very rare that a company can "own" the rights to a color, Maybelline is free to copy that color and use a very similar name. Heck they could have used the same exact shade name if they wanted because the name wasn't trademarked, and you can't copywrite a title (as far as I know).
In the marketing world it's really all about finding the products you want, the brands you want to support, and the price point you like. Sure EE may have done similar colors, but to me personally I don't care, because EE doesn't have a single toy I like so I'm not going to buy any of their things. And I don't think that Candy Apple thing is synonymous with EE like the Tiffany blue is to Tiffany's, so they can't own the red and green drip color combo and DA can't own having chocolate themed toys for V-day.
Art inspires art, and to quote Pablo Picasso: "Good artists copy, great artists steal."