Hey Bill, I noticed you on magic cafe years ago and always appreciate your input on this board! I don’t know if you can or would take the time to answer my question or just give me your opinion concerning the paddle trick Which I love too!
I recently created a 3-d paddle trick with no knowledge of anyone else’s idea! Or routines! That I sell on eBay! But it turns out that a magician came up with a routine that involves the prop that is easily made by transforming an object that you can buy everywhere! He doesn’t make the prop I make! just sells the routine on a magic site!
I was contacted by another magician who told me to stop selling this paddle trick I created on my 3-d printer! Because I was stealing his routine! I don’t even include a routine with my order! Just the prop!
Do you think I should stop selling these! Everyone loves them that buys one!
I don’t want to feel I’m stealing from anyone! And I didn’t! Hopefully those that don’t have access to materials to make one would consider mine since it lasts forever! He doesn’t even sell the paddle itself! Just the routine! Do you think I should stop selling them or that I should ask his permission to make these and sell them? I don’t think I’m being unethical continuing selling these! I never heard of this magician before I was contacted by another magician who was really upset! And accused me of stealing! I just wanna do the right thing! But I don’t like bullies! eBay said I had nothing to worry about!
Your advice would be greatly appreciated! I

Contact me at my email address. you can find it by visiting the home page of the cups and balls museum. I don't do messages here on the cafe, but I'm not hard to find.

Or you can click on the word "Profile" underneath my picture to the left of this post.

Bill

In answer to your question, in order for either of these people to bring any kind of action against you, they have to prove two things:
1) Prior creation of the routine. If they did not publish the routine or sell the prop before you started manufacturing it, then they have no grounds for action.
2) Access to their creation. If you did not have access to their creation, you couldn't have copied it.

If you can prove that the idea is obvious, then they have nothing to protect.