Wednesday, March 16, 2011

The Case of the Cotton Candy Tree- SOLVED

So you know how I posted this tree the other day?

It was a tree Farmville didn't have*, which is why I drew it... 'cause a cotton candy tree is pretty boss, right?
And apparently someone at Farmville thought so too, because 5 days after I posted this image... which received an enormous amount of hits this weekend, thanks to a link from Cakewrecks, they created THIS:

Hrm, what an awesome idea... a cotton candy tree!
With a grey trunk, with white stripes on it...
That they are selling... 
That seems to be made on the fly because it is programmed with the information for a gum tree, not a cotton candy tree, but these things happen, right?

I'm not saying that Farmville has people stalking me to steal my ideas, because that would just be nutty, but I don't think it is outside the realm of possibility that my tree was seen and it inspired someone to create this as a result.

Until it is proven otherwise, I think I should put "concept artist for Farmville/Zynga" on my resume'.

*Proven otherwise, apparently they had it as a special item for a week during November, when I wasn't playing...I'm a dork... total coincidence, this is what happens when you're neurotic kids. Sorry FarmVille... nothing to see here.


  1. Don't think of it as stealing. Think of it as a TRIBUTE! So... GRATS!

  2. Actually, Zynga is notorious for stealing other people's ideas. The WHOLE GAME FarmVille was jacked from Farm Town, and they marketed the hell out of it so it got more players than the original idea. So, it's entirely possible that they stole your idea. :)

  3. Well, then for the sake of justice, we should make this post go viral so that Zynga has to pay me for all the mfing cotton candy trees they sold. *points down at copyright notice*
    I might even be willing to settle for half of it.

  4. what you SHOULD do, lass, is check with some very clever, educated law- person wether there might be some money in it for you. I mean, wtf???

  5. Gerbilheaded Ninnymuggins! May they get cotton candy shoved in uncomfortable places!!!

  6. Well - to show copyright infringement you will need to show two things: 1) Direct or Indirect evidence that they were aware of and able to copy your work and 2) that the derivative work is 'substantially similar' to your original. I think showing number 2 is relatively easy - however element number 1 is tricky and highly fact intensive.

    You can likely seek injunction and money damages (actual and punitive) if you can prove those two things. Actual damages will likely be calculated by determining how much money was made off of the infringed work, and punitive can be whatever the jury wants it to be (depending on state law or federal caps - I am unsure because IP law isn't my thing.)

    There are copyright lawyers who work on contingency - you should be able to find a few via the internet if you seriously want to take Zynga behind the woodshed.

  7. also ... because copyright is federal jurisdiction - your petition would need to be brought in Federal District Court - which will likely require the original work to be registered with the U.S. copyright office or they will kick you for mootness or lack of standing before they even look at the case.

  8. They released that tree for the first time on November 3rd 2010. I have it on my farm ever since. So i don't see how they could steal your idea you drew 5 days ago unless they have a time machine.

  9. After discovering that, I was willing to drop it, but I think you may be on to something! FREAKING TIME TRAVELERS!

  10. it just means you have really wierd- but great...really great ideas. honestly im sure a lot of people have considered stealing them.(cough), but have not.


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