As I went to the check out in Primark today my heart sank. They have produced a bag that looks ALMOST identical to my Mr Fleecy Fox design. Is this image of a fox I produced a common design? I mean I've never seen it anywhere else before. The only difference in design is the whiskers which I guess makes it legally different from my design. But I couldn't help but feel ripped off some how. But then again what are the chances of someone ripping me off. They'd have to find me first and I'm not exactly a big deal. I suppose what I'm trying to say is; do you think they're that similar or am I completely over reacting? It's not like I'd have a leg to stand on in court if I did try to challenge them as I have no idea how to go about it or have the funds so I don't really know why I'm writing this. Never mind. I guess I have no choice but to take it as a coincidence I suppose! Rant over. Have a good weekend guys.
TBH I've heard SO many stories like this lately that I think it's very likely that you HAVE been ripped off.....it's disgusting how big companies think they can undermine, steal from, and deem insignificant all the talented crafters and designers out there! I'm so sorry this has happened to you, maybe someone can give you some practical advice as to where you could go from here? x
ReplyDeleteI'm pretty sure that's not a coincidence. Your fox is so unique, I can't imagine someone stumbling accidentally on the exact same design. I think you have every right to be ticked!
ReplyDeleteIt's very upsetting, and it does seem as though you have been ripped off. I think to make it legal a design has to have seven points of difference, and so I don't think the primark fox follows that rule. Either way it is still something to warrant you being annoyed or feel you have been cheated!
ReplyDeleteThanks for your support guys! People seem to be saying the same on twitter and one person has sent me a link where I might be able to get some help so I guess I'd better see what I can do about it but I'm not going to hold my breath :(
ReplyDeletePrimark are free to do as they please, there is no copyright in 'fashion' unlike music or films, and it sucks yes, but if you look at big designers their solution is to make their designs impossible to duplicate on the cheap, e.g. titanium heels that would snap if made out of plastic. There's also nothing stopping you copying Primark, and all the other retailers do it to eachother too
ReplyDeleteOf course you can use the image- gosh, I see what you mean :-/ Tatty Devine took action against Claire's Accesories quite recently. Good luck xx
ReplyDeleteI saw one a while back like this too but it was River Island who had simply copied some poster from the 60's, and swapped a few words around. That was all over Twitter and River Island were forced to remove it from their online store (guessing shops on the street too). Primark's designers probably just stumbled across your fox on Image Search and decided "that'll do I'll have that".
ReplyDeleteI saw this design a few days back and immediately thought it was your work, you defiantly have a leg to stand on as this is your intellectual property and there's copyright in design, no one would look at this and say its totally different at all, id get onto primark and tell them, it might be someone sold the design to them that was ripped off yours, you could see what they say and hopefully they could pull the design from the shelves :) x
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