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FirePitArt.com, LLC and owner Rick Wittrig have filed suit against me in federal court seeking to overturn my formally registered copyrights in order to continue selling unlicensed knockoffs of my work. He argues that my original Artisanal Firebowls are not properly classified as sculptural artwork, despite the fact that Wittrig sells his copies at art fairs, describes himself publicly as an artist, and even uses the word art in the name of his business. When Wittrig first launched his website he offered only six designs of firepits all of which bear an uncanny resemblance to my Artisanal Firebowl sculptures. One of these even initially bore the exact same name as my Waves O' Fire. He appears to be mass-producing these designs, and is selling them at discounted prices on several of the largest internet retail sites devoted to outdoor living. Prior to the launch of his website, I have been unable to find any documentation of Wittrig making any original art.
I have gained an international reputation for my Artisanal Firebowls, unique works of art hand-crafted from 100% recycled propane tanks which I have been creating since 2005. I’ve worked hard to build a reputation for honesty, quality work, customer service and approachability. I am concerned about people confusing my art with the work of another because I have no way of insuring that they experience the same quality, attention to detail, and integrity. When Wittrig began selling his firepits which so closely resemble my work, I began seeing instances of confusion over authorship almost immediately. An artist messaged me on Twitter, believing she had met me at a Tennessee art fair. Photos of Wittrig's firepits were posted to a blog and mistakenly attributed as my own. I got an email from a landscape architect I had discussed commissions with in the past. She wrote:
I met this guy at a local festival this weekend and his work was so similar to yours I went over and introduced myself. Something was not right, but I was not sure that it was not you until I came back and checked your site... I was excited to meet (you) in person and he was aloof...? I am aggravated now knowing that he allowed me to go on and never said that I must be mistaking him for someone else.
This email was a kick in the gut on so many levels. Not only had my most popular and well known artwork been copied, but the imitator had also offended a client who might easily have continued to believe he was me.
Concerned about preserving my reputation and rapport with art buyers, I sent a Cease and Desist letter on April 30th, 2009 asking that Mr. Wittrig cease manufacturing the designs which were being confused as my own. A letter of flat refusal came back in response. In further correspondence, I explained my concerns over confusion of authorship, provided his attorney with copies of the copyright certificates as well as the original photos used to apply for copyright. I stated clearly that I have no objection to him creating original works that could share the marketplace in their own niche. Several times in the course of correspondence, I asked Wittrig to provide any evidence that his designs were original works. Given the opportunity to deny copying my designs, Wittrig did not— he only asserted that he was within his rights to continue making them on a large scale. Then he filed suit to have my copyrights removed, as well as for damages and legal fees.
By suing me first, Wittrig has created a situation where a default judgment will be entered in his favor unless I am able to finance a full defense in court. I did not initiate this lawsuit, but am defending my art, my rights, my reputation and my livelihood against attack by a manufacturer. I've already spent over $50,000 out of pocket in defense of my original designs. Seeking a judicial ruling in federal court will cost more than any small business can afford on it's own, but I fear it may be the only way to resolve this dispute. My hope is that the community which has been so supportive of my art over the years will continue to help me in this dire time.
This guy has some pretty cool artwork... and if you check the other person's site, yeah. They look almost exactly like this guy's work. I hope me gets enough so he can go to court.
Subject: Artist sewed by Imitator for Copyrights 
Sun Nov 01, 2009 10:31 am
