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  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke



Web Site
Bubble Charms
Diane Stewart

Hall Of Shame Member
Added September 17, 2008

AboutMe

Last updated - September 17, 2008


Who the hell is Diane Stewart you ask? She's a whack-job who lives at 47 Vesey St., Brockton, MA 02301; Tel: (508) 584-3011. Her abode is public information from her copyright registration. She's also a VeRO Member who does not understand copyright law and uses the VeRO Program to harm perfectly legitimate eBay sellers of Bubble Charms. And, while using the VeRO Program to deliberately harm innocent sellers, she is a copyright and trademark infringer herself. And not just minor infringement but willful, full-blown infringement that borders on criminal, not just civil.

For example, the above pictures are used by her to promote her product, Bubble Charms. Notice the picture above left. It is from the television cartoon Bewitched. It's easy to recognize since it has the name "Bewitched" on it along with the well-known "Bewitched" characters Samantha and Darren. The picture above left came from the website owned by Diane Stewart, called BabyBoomersBubbleCharms.com, while the above picture right came from her eBay AboutMe page at http://members.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=yellowmonkey593. Both pictures are infringing because her product being offered has no relationship to "Bewitched" nor apparently is she licensed by "Bewitched" or the owners of the television show.

Hers is a classic example of infringement "wannabe". She either wants to be Samantha or wishes she was sponsored by them. She's a lot closer to the Wicked Witch of the West from the Wizard of OZ. She probably wishes she could twitch her nose and immediately end all the eBay listings she wants or make her infringing just whisk away.

The problem here is that Diane Stewart is talking out of her broom.


So she uses a few pictures from "Bewitched", you ask? So what? Ah, but that's not just the issue. The infringement goes on, and on, and on. As of this posting, here is a quick list of the obvious infringing being done. She has listed charms that infringe upon:
  • The Addams Family
  • Alice And Wonderland
  • Audrey Hepburn
  • Bewitched Cartoon
  • Breakfast At Tiffany's - Movie
  • Captain Kangaroo
  • Chitty Chitty Bang Bang - Movie
  • Dawn Doll
  • Family Affair TV
  • The Flintstones
  • Grace Kelly
  • The Great Zoltar Fortune Teller
  • Gretta Garbo
  • The Honeymooners
  • The House Of Wax - Movie
  • Huckleberry Hound
  • Ice Capades
  • Island of Misfits
  • It's A Mad Mad Mad Mad World - Movie
  • It's A Wonderful Life - Movie
  • Josie And The Pussycats
  • Kenner Sparkle Paints Superman
  • Kris Kringle & Tanta
  • Land Of The Giants -TV Show
  • Little Lulu
  • Lizzie Borden
  • Marilyn Monroe
  • Marlene Deitrich
  • Mary Poppins Movie
  • Mattel Baby Small Walk Doll
  • Mr. Rogers And His Puppets
  • Pez Lady Silver
  • Popeye The Sailor
  • Rosemary's Baby - Movie
  • The Munsters
  • Rod Serling's The Night Gallery
  • Rudolph & Hermey
  • Tinkerbell
  • Snow White & The Seven Dwarfs
  • The Sound Of Music - Movie
  • Suzy Homemaker
  • Underdog Cartoon
  • Vincent Price
  • What Ever Happened To Baby Jane - Movie
  • Wizard Of Oz
  • Woody Woodpecker


Snicker
And this is just a partial (46 diff) list! This person, Diane Stewart, who sells under the eBay ID of yellowmonkey593, appears to "lift" pictures of things she likes and then sells them as part of her Bubble Charms. So we're back to your question again, why is this person in Tabberone's Trademark & Copyright Abusers' Hall Of Shame?

Because she is shutting down eBay auctions for Bubble Charms falsely claiming she is the "inventor" of Bubble Charms and that she has copyrighted the idea and no one else in the whole wide world can sell them except for her. We would insert the mad scientist laughing or the Wicked Witch of the West cackling at this point if we had sound effects.


Cackle

In her copyright registration, whack-job Diane Stewart titled her creation "Baby Boomer’s Bubble Charms" and claims a first use date of 2004 while the copyright is dated January 1, 2008. What whack-job Diane Stewart ignores, or about which she is totally ignorant, is that a copyright does not protect an idea but rather the expression of that idea. One example is Superman. The idea of a caped super hero isn't protected by copyright but the expression of a caped super hero in the entity of Superman is protected by copyright.

Whack-job Diane Stewart, apparently aided by her also whacked-out husband Kevin, claim to have "invented" this idea, Bubble Charms, in 2005. The actual copyright isn't for the "idea" of Bubble Charms but rather for one specific design of a bubble charm, a concept that has escaped both whack-job and whacked-out. Whack-job Diane Stewart claims she has "records to prove" that she is "the inventor/creator" while we have absolute proof that she is not and that they date back many, many years. We wonder how she "worked very hard on over the past years" to falsely take credit for an idea that has been public domain for a long time. It apparently doesn't take much work to lie about appropriating a commonly available idea and then using it to protect one's imagined market share, which for her is the entire market whether she has earned that share or not.

Crafter & author Sherri Haab published a copyrighted book in 2004 titled Designer Style Jewelry, which walks you through making bubble charms right down to the cutesy Public Domain vintage imagery. This author also published a book in 2003 titled Picture Bracelets that also discusses bubble charms. So, whack-job Diane Stewart, the idea of a bubble charm was already in public domain long before you attempted to capture and reserve the idea. Your claim to exclusivity is bogus and a lie. You are illegally terminating auctions of perfectly legal sales of hand-crafted jewelry. You are a cad, a liar, and should be sued until your ears bleed.

Whack-job Diane Stewart should re-word her email to say that she has "worked very hard over the years" to steal ideas from others and the trademarks and copyrights of others to foist hand-crafted schlock upon unsuspecting buyers. But then, why should she begin telling the truth now?

 

 

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