Here's a collection of products sent in by blog readers. These items hit the market after my fabrics came out, and they look a little familiar, right? Certainly we designers can't help being influenced by what we see around us, and genuine coincidences do occur in the design world. Please enjoy these coincidences.
Above are some of my prints.
Click images to view larger
Cute pillows and wall hangings! Looks a little bit like my Calliope print. This company agrees that the design is identical, but insists their artist created it independently. The name of my fabric collection is Amusement Park, with prints called Parade, Fireworks, Calliope, and Boardwalk. The names of other prints in this company's collection are Carnival and Carousel. Fabulous! I wish I could meet this other designer, because clearly we are twins separated at birth and would be best friends.
This company likes the Calliope motif, but thought it might look just a little better with the addition of black dots.
Could we see it in a photo card?
Have fun buttoning your clown shirt.
Unless these product photos are misleading, it looks like these guys couldn't afford the third ink color in their Fireworks print. Sadly the economic downturn has affected everyone.
Never cease to be amazed by people. I hope you have a great attorney!
ReplyDeleteWow. I'm not a designer, but I imagine that must be annoying, or maybe heartbreaking? We all know you're a gifted creative folk, not to mention one of my favorite bloggers.
ReplyDeleteThis is awful. How lame of those companies. You were way too nice for blurring out the company names....
ReplyDeleteWow. This is AWFUL!
ReplyDelete:(
ReplyDeleteI've never designed anything but I can imagine how frustrating this must be.
Can you tell us what you have to go through to address it?
Wow, how infuriating! Total rip offs of your work. There must be some recourse...
ReplyDeleteWell said... I have to agree that you were too nice for even blurring the site name. Normally, big companies would apologize for the damage caused if they are not aware of the situation. But I guess for them it's just business...
ReplyDeleteoh my! I once asked specific permission from a designer to use thier print as my (totally ad free) blog background and made sure they were credited for it.
ReplyDeleteI can't imagine making $$ off of someone elses design. Shame on them.
frick. this sucks. sorry jessica. i don't know if i really believe in karma, but i do hope karma bites them in the butt.
ReplyDeleteThese people suck. I'm with everyone else, what do you do now?
ReplyDeleteHmm. You'll have to let us know how it goes in conversations with your new BFF. The pillows look nice, so, ummm, imitation is the sincerest form of flattery?
ReplyDeleteThere has to be recourse, right? I mean, this is so blatant! It's not like they were inspired by your colors or style...it's a total knock off. If it's illegal when it comes to handbag design, it must be illegal in this case, right?
ReplyDeleteArgh. I'd love to see you unblur those pictures so we can stage a boycott of the stores involved. I don't want to support those companies in any way!
Okay, I just figured out one of the companies. Thank goodness I consider walking into their store to be akin to going into one of the deeper circles of Dante's Inferno.
ReplyDeleteIsn't it fitting that the 8th circle is for fraud? :)
Wow. So sad. For some people it is more about money than it is about being honest. Maybe you could take comfort in the fact that so many people think you are brilliant???
ReplyDeleteWow - that is just crazy - and not fair to you at all!!!!
ReplyDeleteThat is so awful! I agree with the previous posts that you were too nice to blur out the names. Keep us all updated with how you decide to handle it.
ReplyDeleteGosh, It seems to me that I have a BUZZ CLUB card from Big Lots.
ReplyDeleteOopps!
Not No more...dropped it in the TRASH.
Bad Form, Design Stealers!!!!!!!
BOOOOOOO!!!
ReplyDeleteYou must do something about that. Its clear; they didn't inspire or something. They just wanna 'sell'
ReplyDeleteI agree, you're too kind to these people who have ripped you off. Your sense of humor is refreshing though as usual! I figure your talents & creativity will rise above it all in the end.
ReplyDeletehow frustrating! makes me want to write several stern emails..
ReplyDeleteWow that is just a shocking cheap shot.
ReplyDeletewow wee-weird to see my blog entry posted here!!!
ReplyDeleteYep, indeed I am a photographer, but no designer! Purchased those templates from Millers-Mika Beth Edwards designer ( or is it you?!!!)
Jeannine, you're lovely! Too bad they won't notice if you don't shop there.
ReplyDeleteMy understanding of what a person is supposed to do about knock-off situations: hire a lawyer and have them send a cease and desist letter. If it has no effect, the lawyer will advise what further action to take.
So I ask myself: do I have the time and energy to track down a contact person at a company manufacturing a product whose items are being retailed at a different company where the product is actually spotted? No. Do I have extra money lying around to pay legal fees? No. And by the time any legal action takes effect, I'll have new designs out and everyone will have moved on, including the companies who need to keep updating their product lines. I am pondering these things.
Ultimately the biggest question for me is what quality of life do I want: wallowing in the emotional yuckiness of anger and disappointment and spending hours in legal red tape? Or washing my hands of it and happily moving forward making new designs. I have lots of ideas; apparently they don't. I AM beginning to see it as flattery, honestly. It's the ultimate proof I created a nice design, right?
And I don't want to be so arrogant as to assume everyone copied me, so even that's a confusing question to me. But such identical "coincidences" seem statistically improbable.
I think I wrote this post because I wanted some sympathy. That is probably not a great reason for writing a blog post, but I indulged myself. You guys are the best. Thank you for your indignation. Love ya! I'll continue pondering what to do.
amazing what pepole allow themselves.
ReplyDeleteyou can be pleased that your designs are so popular and be loved.
rachel
Christina, thanks for your comment! This is interesting: I just googled the company you mentioned, and it looks like the designer has modified that design to look like this. Now THAT I can live with. Thanks!
ReplyDeleteI think you're right to forget about it; they all look like tacky companies anyway so people with real taste will stick to the real McCoy and who cares about the rest. You'll be much happier rising above it.
ReplyDelete'Bout time you posted those. They've been making me mad for a long time!
ReplyDeleteWay to go, gm glimmerglass! :)
Jess, you have my sympathy. And I hope you get a record number of comments! :)
Mum
None of those come close to the loveliness of your prints. Don't worry about the copycats. You are a true original.
ReplyDeleteI am with you and everyone else..miffed but how much of your energy do you want to spend on them? You're right you have lots of ideas, keep on going.
ReplyDeleteIf I had the funds, I'd pay for your lawyer! Every time a big company gets away with this, they hurt designers. You truly have my sympathy. *hugs*
ReplyDeleteWow. I just love your blog and designs. I can imagine how you felt when you discover these pictures... However, as already said in previous comments, they won't have copied your designs if they weren't that great. As you said, you have imagination, they don't :-)
ReplyDeleteWow! I would definitely be annoyed to have someone just take my work! Hope everything works out for you
ReplyDeleteWhen I was still a student I went on a placement with a highly regarded textile design company based in London. One day we were all sent to New Designers and told to pick up postcards from design students we liked featuring their work. The next day they postcards were redistributed to us and we were told to pick the best designs and copy them. When I questioned this they told me just to do it as these people would never see 'our' designs anyway as they'd be going out to the far east. I was totally against it then and still am.
ReplyDeleteOne of my own designs which they told me was "crap" then came back to me as it had been reworked into a Christmas card which they had the cheek to send to me!
I wish you better luck in addressing this problem.
I saw this today and immediately thought of you:
ReplyDeletehttp://blog.hgtv.com/design/2010/09/27/color-of-the-month-september/
Bah, I hit enter too soon...other than sending you the link of lovely orange items, I wanted to say how sorry I am for the copycats out there. :(
ReplyDeleteI think your too nice and maybe we should all head over to Initial Inc's facebook page and inform them of their illegal use of Jessica's pattern! http://www.facebook.com/pages/Initials-Inc-Official-Company-Page/78839954465?v=wall#!/pages/Initials-Inc-Official-Company-Page/78839954465?v=wall&ref=ts
ReplyDeleteOh no.... Who shall we write angry letters to? :o)
ReplyDeleteWow, unbelievable, but I guess they do say imitation is the sincerest form of flattery. I still like yours better!
ReplyDeleteyou don't need a lawyer to get what you deserve although it helps. Michaels had a 3rd party rip off my stuff and I contacted them directly and was paid what I should have been owed. My suggestion is contact the proposed leagal dept and ask to see their copyright on these designs.. chances are they don't have it since you had it first and threaten them to sue... everyone needs to crack down on this sort of thing so these companies stop stealing.
ReplyDeleteif you do nothing then you allow for this sort of thing to go on.. its not a great idea to let this lie even if you feel it takes energy out of your life... because if it happens once it will surely happen again..
I personally will not allow for companies to blatantly steal my work.. I am not in this business to have my livelyhood to be taken away from anyone.
I would contact them and not let them get away with it- threaten you will tweet out how they ripped you off.. I did that when Paula Deens' rug co. ripped off mine and 11 other designers- guess what- they had to take it off!!
the power of the voice is amazing!
Looks like there are a lot of thieves out there recently. As I read your post (outrageous!), I thought it sounded similar to another blog post I just read recently... and sadly it is. These big businesses need to stop stealing from the little guy
ReplyDeleteTula Pink's Plume line got ripped off by WalMart http://tulapink.com/2010/09/19/outraged/
Aweful! Just aweful!
That and other copying incidents listed here at True Up, I see.
ReplyDeleteYeah, those are waaay too close to be coincidence (although, I have stumbled onto things that looked like my own designs, but couldn't have been copied based on dates...I didn't copy them, it was just independent discovery!)
ReplyDeleteThe thing is, I recently worked on a project for a company having things produced at a large company. When I learned the process for providing instruction and "inspiration", I was amazed. No wonder things get copied all the time!
I work with graphic designers every day and I'm sorry to say, but it's pretty hard to claim geometric shapes as your own only.
ReplyDeleteIt makes me crazy seeing copycats who don't give credit, so I'm sure as the artist who created the now stolen designs it must be maddening! Please unblur, even POST the names of the companies. There isn't anything illegal about that. I'd love to send them a little email saying "Hey, you have designs that look JUST like some made (and copyrighted) by an artist I like." Dirtbags. Sympathy AND Indignation. You earned it!
ReplyDeleteoh this stinks. i actually was thinking about this issue the other day when i found this blog: http://youthoughtwewouldntnotice.com/blog3/ i have to warn you, this blog might make you angry and disappointed in the world. but it's comforting to know that you're not alone. the internet is a wonderful thing but unfortunately, it also means that your ideas, once shared, aren't safe from selfish, sneaky people with low morals. i hope everything works out for you!
ReplyDeleteIt is absolutely outrageous that your original designs have been copied. While it is flattering in the sense that your designs are so spectacular that someone else wants to use them, they are also ripping you off. I know another fabric designer who has done some amazing work; a major carpet manufacturer blatantly copied one of her fabric designs, turned it into carpeting, which they then installed at a major hotel in Houston. She sued. She won. Major money, although part of the settlement was that she never disclose the amount, but I know it was substantial.
ReplyDeleteand I can hardly wait to see your new designs!
If you didn't have any other ideas and were planning on living on royalties from these fabrics, it would be a different story. But you're so fantastic, this is just a bump in the road. Phooey on them. Kudos to you for your attitude.
ReplyDeleteDoes it have to be an attorney that sends a cease and desist letter? I wonder if you could write up your own official-looking letter and send it out, just to make yourself feel better?
Wow wow wow. I just can't believe how blatant this is. It's lousy that your excellent design work is rewardedby being ripped off. Intellectual piracy sucks. At least you are awesome.
ReplyDeletethis always makes me kind of angry.
ReplyDeleteI understand general inspiration and that it's possible for people to create similar designs at similar times. But sometimes it's just too much of a coincidence.
Feeling your pain, and sending you my sympathies!
Your optimism with the situation is inspiring. Seriously, thank you for sharing this and for choosing flattery and for having such integrity. You're an incredible example.
ReplyDeleteYou definitely have my sympathy.
This sucks.
ReplyDeleteI think you can send a cease-and-desist letter yourself:
http://artbackwash.blogspot.com/2009/04/writing-copyright-infringement-letter.html
I believe that we, the online community, have a lot of power to regulate these types of 'errors.' If they haven't pulled down the stuff from their shelves yet, maybe they need to reconsider the power of viral marketing.
ReplyDeleteIt's our duty to make comments on the company's Facebook site and YouTube Channel and inform others of the situation. Let's let informed consumers make their own choices.
We owe it to Jess who writes this delightful blog every day and inspires us with her creative design work.
Here's what to do:
- Write comments on Facebook Wall.
- Write comments on their videos posted on Facebook AND on the videos' YouTube site.
- Send emails directly to the company.
This makes a substantial number of appeals, most of them in the public eye. I think that this a statement worth making.
* To make Facebook comments on the company's site, follow this link. You will have to 'Like' first:
http://www.facebook.com/pages/Initials-Inc-Official-Company-Page/78839954465?v=wall#!/pages/Initials-Inc-Official-Company-Page/78839954465?v=wall&ref=ts
* To make YouTube comments, follow this link:
http://www.youtube.com/user/InitialsIncCorporate
* To send emails directly to the company, go here:
http://initials-inc.com/index.php/contact-us/
LET'S DO IT!!!
And, there's copyrighting too (if you don't already do this)
ReplyDeletehttp://www.khristianahowell.com/copyrighting-just-do-it-already/
I hope you will permit me to come across as an ignorant person with an honest question rather than an ignorant person making a silly accusation.
ReplyDeleteWhy does it mean so much to you that your work remain yours and yours only? Is it the financial aspect that vexes you (surely understandable), or is it something else?
I'm not suggesting that it shouldn't bother you. After all, I would roll my eyes if a colleague pranced around the office in the (formerly) unique dress they saw me wear last week. And I would hardly suggest that you see imitation as flattery because, frankly, these people would credit you if they wanted to flatter you.
I suppose I wonder, from a theoretical basis, why you care if your work is (or appears to be) the basis for other people's products. I would think that when work is out for public consumption, the public will consume it in more ways than one. Be and let be, perhaps?
Forgive me if this seems impertinent. I mean the questions earnestly.
You could post it on youthoughtwewouldntnotice.com!
ReplyDeletehttp://youthoughtwewouldntnotice.com/blog3/?page_id=97
Wow! I'm shocked! This is really bad business on the part of Big Business! I second everyone else's comments, and hope you can work out a way to get the credit you truly deserve! Thanks for being an inspiration creatively and for being a forgiving person!
ReplyDeleteI say don't make yourself sick, but don't ignore it either....go straight to the top with complaints and then let us know the email address where we can voice our complaints - they will be bombarded by your loyal readers!
ReplyDeleteJess - You are awfully nice and forgiving! Not me! I am one redneck Mama that will go hood on someone's arse for something like this!
ReplyDeleteWe, your fans, will help you fight this. I'm gonna post comments on the offenders' facebook pages and anything else I can think to do.
Please, Don't let these poo heads steal from you.
Hugs for you!
And we, your fans, can also report the facebook page of Initials, Inc as inappropriate. Just click "Report page" then "Theft or vandalism."
ReplyDeleteI have posted this: "Please check http://www.jessicajonesdesign.com/surface/3.html to see the original and real owner of this fabric design."
Oh, how awful. I'm sorry this has happened.
ReplyDeletewow. unforgivable theft. i don't have anything new to add, just sending my best thoughts to you. at least you know how many devotes of your blog and work you have!
ReplyDelete@Lucy - it is a violation of her intellectual property, HER original designs, and other people are capitalizing on it. It's bad business, it's illegal, and it is a constant struggle for independent designers who constantly have their work ripped off by large corporations who go on to make gobs of money off of the designs. But that's not to say that it's about the money -- it's the principle that Jess worked hard on these designs and it's disappointing when others think that gives them free reign to copy them without permission or proper credit to the original designer.
ReplyDeleteAs a fellow designer, I can sympathize with Jess's frustrations, so I hope you don't mind me sharing my rather impassioned viewpoint :) While the internet has helped artists get their work out there more, it has also made it very easy for people to steal original designs and it is, to say the least, disheartening.
I see Initials, Inc. has already deleted those comments supporting Jess from their Facebook page. They also claim that those are THEIR designs.
ReplyDeleteJess, I am so sorry.
ReplyDeleteOne thing that must be nice is the certainty that absolutely no one else has your delightful brain. :)
Jess, you have my sympathy as well. And every good wish. I appreciate your desire to rise above this and to not allow it to sap your emotional energy. That's said, I'd support you fighting back, too. Your work, your choice. Thanks for not losing heart. Can't wait to see the upcoming fabric designs.
ReplyDeleteThat sucks. Yours are way better
ReplyDelete@Lucy. If the coworker came to your house and stole the dress out of your closet and then wore it around the office, this might be a worthwhile analogy. Or, if the coworker you mention went into your computer, took a project proposal you'd been working on and submitted it to your boss as their own? Would you roll your eyes?
ReplyDeleteAs a person who has had their online writing (not for any profit) stolen and represented as someone else's I can say that is outrageous and feels like a huge violation, let alone having your livelihood ripped off.
So glad that "Shades of Light" is using your fabric directly from you and not ripping you off! I am in love with their pendant shades. They fit your fabrics so well!
ReplyDeleteHow annoying! I laughed out loud at your clown shirt comment. We run into this too and it always grates.
ReplyDeleteIt's one thing to be inspired by another artist's design, but another thing entirely to steal it outright. I think it's well worth a letter from you to each corporate headquarters asking them to remove the products from sale (i.e., the don't make me call my lawyer letter). Many of these cheap companies buy designs from overseas copy artists. At the very least it might raise their concerns about buying "design" work from questionable sources. It's always worth speaking up for yourself. Good Luck. Hallie
ReplyDeleteAll of them suck compared to yours, except those clown buttons. I'm mysteriously drawn to them. I need a clown shirt with THOSE VERY BUTTONS.
ReplyDelete;p
"Imitation is the sincerest form of flattery"? or ripping someone off...but either way...
ReplyDeleteYikes!
I used to work for a corporate fashion design company as a textile designer. We would constantly be asked to copy all sorts of designs. It was something that I felt awful about but also had no control over. I had two choices. Do it, or quit. I did eventually quit but not before being forced to copy more designs than I'd ever like to admit! SAD FACE. Even though your designs being copied means that the designs are GREAT, it still sucks to be copied and not given proper credit for your hard work and great ideas!!!! xo
ReplyDeleteYour comments made me laugh. I love Amy Poehler-esque 'biting politeness'. I'm sorry you had to deal with this but kudos to your sense of humor.
ReplyDeleteYour designs must be good if the large corporations are ripping them off. Does this mean your famous?
ReplyDeleteI'd be furious! You seem to have a good attitude about this!
ReplyDeletethat stinks!!! i had a company take my design and basically copy it, so upset! grrrr!
ReplyDeleteand yes, way to take it as a compliment and now wallow in self pity that someone has copied your great designs.. AGAIN!!!
you go girl! can't wait to see more!
This is beyond terrible! I am so sorry that there are such shameless people in the world!
ReplyDeleteYou're so generous on your blog, linking to other sites and sharing fun ideas, that it seems particularly unfair that your designs are being ripped off so blatantly. Good luck fighting the good fight.
ReplyDeleteHey,
ReplyDeleteI never comment, but I've been following your blog for a little while, and these kind of things annoy me so much. Good on you for not letting it bother you, but perhaps as others have suggested you could still send a cease and desist letter.
What a crock! Stealing is never cool. They didn't even have the "talent" to change the colors. You might need a nasty form letter to send out. It seems as if your designs are quite popular among thieves. Bums.
ReplyDeletevery interesting buttons. where does one find buttons like that? just give me clue where to start!
ReplyDelete@Nutmeg, I was using my example as an "even if [something so puny compared to your situation happened], I would be vexed." I appreciate your explanations. More of a sense of personal violation than anything else, then?
ReplyDeleteAt some level, I would argue that once work is out there on the internet in particular, it is so easy for people to "steal" that it seems almost inevitable. I myself have hundreds of interior design photos I've admired on my computer for inspiration and have "copied" (I would argue against this) parts of the collection in my own home, taking bits of this and bits of that.
The internet makes retaining one's intellectual property somewhat of a joke (unfortunately) because it is nearly impossible to trace and prosecute. As a sad example, I've seen dozens of copycats of handmade items on Etsy to the point that I hardly know how to buy from the original artist anymore. It's hard to say when inspiration ends and imitation begins, and I imagine artists themselves are unsure. As far back as grade school, we were made to either directly copy or paint "in the style of" Van Gogh; the blurry lines started at an early age.
I do feel strongly that the "flattery" thing is ridiculous. Absolutely no gratification in flattery. I'm still unsure what the correct course of action would be for others who claim to have been inspired by rather than copycats of various designs.
I love your humorous tone, it's just the kind of swell person you are. These are pretty clear cases of plagiarism. Boo on them! Maybe add them to this walk of fame?
ReplyDeletehttp://youthoughtwewouldntnotice.com/blog3/
this also happened to the Tula Pink designer ... someone found her prints in a Walmart store being sold by the yard. Really very sad that someone feels they have to copy someone's design and can't come up with one of their own ... hope you can resolve this.
ReplyDeleteThis guy gets copied frequently. Perhaps you could contact him and he could help you figure out what action can be taken.
ReplyDeletehttp://artbackwash.blogspot.com/
You might want to post this here: http://youthoughtwewouldntnotice.com/blog3/ I'm sorry. :(
ReplyDeleteMod Podge Amy, you KILL me. Thanks for the laugh.
ReplyDeleteAll this is not a total loss, since Margeux compared me to Amy Poehler. Thank you, ma'am. You've made my day.
I'm a designer myself and this is just outrageous! Influenced is one thing but how bold are these companies!
ReplyDeleteI know this is disheartening. I have had digitized designs copied and resold. I am so sorry this has happened to you. You are an amazing designer!
ReplyDeletei'm so sorry! what a terrible thing to have happened.
ReplyDeleteBooo. Hiss. Booo. Hiss. Is it too strong to say that I wish a pox on those theiving companies?
ReplyDeleteAnd good for you for taking the high road. Although imitiation is the sincerest form of flattery it still totally bites, especially when a big corporation is profiting from your talent.
Sorry. That is totally sucky but good on you for keeping up your usual cheerful demeanor. Bravo to you!!
I just joined that fb page for Initials, Inc and posted
ReplyDeletea comment about this. However I also visited their website and it seems that the ripoff fabric is not available in their new catalog, so that is good.
...especially because it was such an ugly knock-off of the real deal!
Jess, I do like your positive "let it go" attitude, that's something that is hard to master!
:( I'm sorry that happened to you. It must be difficult being a pattern designer.
ReplyDeleteThe way you expres yourself about this subject on your blog makes you the better person!
ReplyDeleteI hope this doesn't stop you from designing because so many people enjoy you designs.......
XO Heidi
wow, that is NOT a coincidence! really lame! But that's alright, you're the one with the creative mind and the ability to create, others just follow. pathetic. I do like your attitude about it, keep the spirit up! :D
ReplyDeleteAbsolutely classiest way to discuss obvious copyright infringement ever. I'm sorry you're having to deal with it all, but I'm awed by the tastefulness with which you are handling it. (I'm also hoping you had a tiny temper tantrum at home before you decided to take the high road.)
ReplyDeleteSo sorry, Jess, that you're experiencing this - but glad to see you have a cheeky attitude about it.
ReplyDeleteYears ago, I worked as a buyer in the children's department for a very large retailer who produced their own label. We were encouraged to submit cute fabrics we found from other lines' past seasons for our own label to use - something we never thought twice about, because our label would simply "borrow" the colorways or print ideas, changing it "just enough" (30% rule, anyone?)to avoid being accused of theft.
It wasn't until years later when I started doing web design and researching copyright laws that I found out we were stealing from talented and hard-working artists like you.
These companies know what they are doing, even if their employees are ignorant about copyright and infringement. They should be held responsible.
These companies count on you not taking legal action. Please don't let them get away with it. You are worth it and your designs are worth it.
ReplyDeleteSo wrong. I just saw a post by designer Tula Pink about a knock-off of her designs being sold at Walmart. Makes me angry for you guys.
ReplyDeleteImitation is the sincerest form of flattery?
ReplyDeleteSeriously though, that sucks.
Hmm, seems that quite a lot of artists have those kind of problems with plagiarism... a portuguese doll maker (Rosa Pomar http://www.inhabitots.com/2009/03/26/is-dutch-fashion-house-oilily-guilty-of-imitation/) had some copyright trouble with Oilily...
ReplyDeleteDon't such companies have the money to pay their designers properly, are there designers at all?
I wish you lots of strength and don't lose your humour!
So very sad. I'd like to know if this "independent" designer also happens to be a follower of yours. c'est la vie.
ReplyDeleteI like this tidbit about one of the "designers" who used your print ...
ReplyDelete"We feel the uniqueness of our line can be attributed to the fact that we probably don't think like normal textile and product designers."
Oh dear.
you are taking this with stride. good for you!
ReplyDeleteAll of this is set up so weirdly -
ReplyDeleteActually - you do have the right to claim copyright protection for fabric designs - http://www.bc.edu/bc_org/avp/law/st_org/iptf/articles/content/1997121201.html see section C - but designers cannot copyright fashion designs - so obviously if you chose to pursue it - who has to prove the earliest date - you or them? On knock-off purses - they only matter when someone 'fakes' a logo/name and/or fabric design (think Chanel's) and passes it off as the original. Someone can copy the purse design in other materials exactly and be in the clear. And with fabric designs once sold (it has been proven recently - even licensed designs) the manufacturers/designed cannot dictate what it made with the fabric.
Yes, your designs are geometric BUT come on - no one just pulled that out of the air at around the same time you designed it. Just didn't happen!
Pathetic! I am so sorry that this is happening to you and other designers. I guess they aren't creative enough to develop their own ideas. It is easier to steal them.
ReplyDeleteI hope that this works out the best for you.
Sincerely,
Sondra
You know, as an amateur who likes to have fun with crafting, I've been known to copy ideas for crafts with my kids, but I'm not selling them for money and passing them off as my own!
ReplyDeleteThis just happened to my friend. Am sending you the link because you should see how original her thread drawings are and then you'll see what a bummer it is to know that a big chain store is knocking her off. Bleh.
http://kltworks.blogspot.com/2010/09/got-blues.html
And frankly, I don't see why the companies can't be named so that we can at least give our opinion to them. I don't have to harass them, but I would like to let them know I don't enjoy what they've done and that I noticed! Might make a diff at least. ? So quit scratching off details of names.
ReplyDeleteGood grief that sux! I have been in the textile industry for over 12 years and have seen legitimate coincidences occur but this is no coincidence, this is too close for that excuse. I agree that yours are lovlier and you shouldn't worry. Just keep doing your thing!
ReplyDeleteOh, I know it sounds petty, but I did send an email to one of these "designer" companies. I saw the pillows a while ago and I foolishly assumed that they bought the design from you and you modified the colors for their needs. Stupid me!
ReplyDeleteAfter analyzing some of their other offerings, I think that most of their products are rip-offs. Many of them resemble Amenity Home products...
This makes me so angry. I admire you for writing such great (read: calm) post on such aggravating subject.
Your original designs and the blog are delightful BIG SMILE
I say you make a P.O. Box for everyone to send you the money you need for legal fees. Seriously! You've worked too hard to just wash your hands of it. You have the support of so many people that we will all do our part to help you and make sure that you and other ORIGINAL artists don't let things like this happen again.
ReplyDeleteYou're being extraordinarily generous. They are rotten. You are not.
ReplyDeleteI recognize that website (inhabit). That's interesting though. How did you find all those similar pictures of your work?
ReplyDeleteHow infuriating! You should have listed the website name so we (your loyal fans) could voice our outrage.
ReplyDeleteJessica, I forgot to mention in my previous post that I came across this little number while browsing around the stores yesterday. So when I came to your blog today I found it amazing that this is going on all over the country.
ReplyDeleteBut again, I'm sure it's just coincidence.
http://s207.photobucket.com/albums/bb79/janiesmemories/?action=view¤t=bag.jpg
Wow! While it is totally unfair to you, I commend you for taking the high road. You're right, as a designer I suppose it's to be expected but still...
ReplyDeletethis is just crappy. you see it over and over again. i love your post, written so graciously with the perfect amount of sarcasm and wit. hope these companies will be made accountable for their rip offs.
ReplyDeleteI am a graphic designer/photo card business owner, and I have had more than a few run-ins with copycats. Not only do they copy, but they copy BADLY. It is infuriating to say the least. Eventually I had to get a lawyer. You really need to fight this - if not with legal action then with public embarrassment. It seems a couple your copycats have already backed down due to backlash, so that's good.
ReplyDeleteSorry it's happened to you too. :(
This sort of thing stinks. I had my degree show work copied by a textile artist who then went on to produce a whole line selling it at a large, internationally-recognised event in London. I found out by chance a couple of years later by which time it was too late to do anything. I couldn't prove it but just know she must have seen my show because it was such a unique idea and she reproduced it virtually identically (she also lived nearby). I still work as a designer and she, as far as I can tell, has sunk without trace. That's the only thing you can say to yourself - you're still here and they're so lacking in creativity they can only copy others' ideas. Like you, I also like to keep moving on and not sticking with one idea so I'm constantly evolving but it still annoys me 10 years later! Good luck!
ReplyDeleteHoly f##k...please excuse my french. Being a graphic/textile designer who used to work in the commercial apparel sector... I left it and stopped designing due to all this stuff that goes on like this.
ReplyDeleteYou would get asked by buyers at large clothing chains and department stores to copy something they saw on the internet or bought overseas. On principal I said no and kept saying no...and now I don't have a lot of work, but at least i'm not being a part of destroying my industry and the lively hood of others who work in it.
I hope you nail these people to the wall.... This sort of stuff really needs to stop. It has gotten so much worse over the past 10 years to the point that if you do create something, you now have to think twice about putting it out there, as you just see it being done by someone else who is bigger than you.
I feel for you, I really hope these people credit you for your work and your lost lively hood due to them copying your work.
Jessica, your designs are absolutely the best and I love your blog. I wish you were getting credit from all these copycats. :( I was just admiring the Fireworks curtains I have hanging in my office and how happy they make me. Thanks for designing such gorgeous fabric!
ReplyDeleteDo you have a deal with Duralee? If not...
ReplyDeletehttp://www.duralee.com/fabrics/product.php?pattern_id=22339
http://www.duralee.com/fabrics/product.php?pattern_id=22340
That stuff looks like the real deal, so they probably bought it from Braemore, the company distributing it. Good find! I never know where it's going to pop up!
ReplyDeleteIve been following your blog for a while now and never commented but this makes me angry enough to change that.
ReplyDeleteIm so sorry this is happening to you. I have long enjoyed the creativity and uniqueness of your work. It sickens me that they are blatantly ripping you off.
:(