Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:05/21/2024

  Type:Sales and Advertising Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I contacted Spiritworx.com via email on June 14, 2023, to request that they remove my intellectual property from their websites and refrain from using/coping my IP in the future. I was contacted back by ***** from Spiritworx requesting physical proof of my claim. I then sent her more information, and she responded with "it is not our practice to use another ******** design on our website." (proof of comment/email in images attached)But after almost a year of contacting ***** at Spiritworx, this company continues to steal my IP even after they told me they don't use other artist work. I want to report this company for Intellectual property theft. The images attached show physical sales of the designs from my company SmalltownNEcreations, years before Spiritworx posted the designs on their website. The images show proof of sales from my company, and the site-mate comparison of when Spiritworx posted the listings on their site. ***** at Spiritworx stated they do not use other artists work, meaning the designs were not purchased from my company, therefore were stolen/copied for their own personal gain. (My designs are for personal use only, not for commercial resale, for sale on: **********************************************)I have emailed and called Spiritworx to get an explanation of way they continue to steal my IP and I cannot get any response even after sending a cease-and-desist letter on 6/22/23. (you can see from the images all the designs that were copied/stolen after the letter was sent on 6/22/23) Any help with getting this company to remove the designs from their site and to get a written statement they refrain from using my IP in the future.thank you for your time and help ***************************************

  Business Response

  Date: 06/05/2024

  Hello

  I have had the time to review the attached complaint. I would appreciate it if our Company can get some additional information.

  The complaint has ******************************* listed as a customer of ********************, though no records exist of an ******************************* as a customer. Can facts be provided that show this person is a customer of ********************?

  The complainant provided images from our website with a "last modified" highlighted for when the page was last modified, which we modify our designs/website regularly. I see some similarities in the design concepts, her designs are very simple using very common imagery. We have hundreds of design templates on our website created a decade ago using very similar imagery. We have been in business for 14 years and work directly with schools and create commonly used design concepts for all events, including sports.

  The complainant also states, "The images attached show physical sales of the designs from my company SmalltownNEcreations..." and provides a copy of a delivered notice to a customer named *****, I assume in attempts to make BBB believe that this image was sold to myself. In no fashion has anyone with our Company or our Company, purchased any of the work shown on a website with the
  designs from *******************************.

  Complainant states, "My designs are for personal use only, not for commercial resale".  Spirit Worx not only maintains that the designs shown on our website are not from *******************************, but our designs are not sold to customers. Our Company does not financially gain or profit from our designs listed.

  Complainant states, "I have emailed and called Spiritworx." Our phone records do not indicate any calls have been received by *******************************. Can proof of phone call attempts be provided that she made calls to solve her complaints prior to filing, as stated.

  Can the complainant provide proof that she has copyright availability on the designs as shown on her website? I am unable to locate designs like the ones in the attached files, are on her website on etsy.
  

  It appears that there are a lot of missing information and falsified information attached.

  We would appreciate more factual information.

   

  Thank you

  ***********************
  

   

   

  Customer Answer

  Date: 06/05/2024

  Complaint: 21740638
  
  I am rejecting this response because:

  I'm rejecting ***** at Spirtworx.com response, because I have sent endless proof/evidence and details on the intellectual property in question.  Attached is the proof of cease-and-desist letter I sent back on 6/22/23 containing the ** Spiritworx.com was using at that moment in time, along with actual reference the designs from my shop. So, the claims that my designs are not listed on my website are false and an outright lie. 

  As far as contact with Spiritworx.com I have sent endless emails that were left un-responded to from their company. And for the phone call I left a voicemail with their company, that went un-responded to as well, there company phone logs would have record of this. 

  I am not a customer of ************************** as they stated, but after a year of trying to get my ** removed from their company, I have been forced to make complaints in other ways then through the company itself.

  As for the copyright, all of my designs found anywhere online will have my company  SmalltownNEcreations name/watermark on the design, it is on Spiritworx.com designers to not steal work from other sources online.  And Spiritworx.com website sitemap proves that most of these designs were stolen even after I sent the cease-and-desist letter to your company on 6/22/23.  I have yet to be provided any documentation from Spiritworx.com that the designs were created before my sales dates.  The images I provided were not showing purchases made by *****/Spiritworx.com, but actual customer sales from my shop; and this has been explained extensively over the last year. The sales receipts are proving that I had physical sales of the ** before they were ever posted on Spiritworx.com website.  I have yet to be given any documentation from Spiritworx.com to prove my claims on any account, meaning they are knowingly using ** that doesn't belong to them, even after I have contacted them.

  I too have been in the design business for over 17 years with sports/school and working with large automotive companies. And Spiritworx.com being in the business for 14 shows a blatant disregard for intellectual property.  Until Spiritworx.com can provide documentation to prove my claims are false I will continue to pursue any means necessary to get my ** removed from their website.

  Regards,

  *******************************