How can we protect our designs? I just opened a national magazine to find an American manufacture’s ad for a piece of furniture that I have been carrying in my showroom for the last 3 years. Once your work is featured in a magazine it becomes public domain and I find that manufactures use our designs for “inspiration” for their products. Besides being frustrated about seeing your design being reproduced under another name, what can we do? Yes we can copyright but if they change one slight detail it’s no longer protected. One thing that I have learned is before any meeting with a manufacture I usually draw up a contract that protects the designs I will be showing, making sure they don’t turn around and use them. People say imitation is the sincerest form of flattery; I say it’s truly annoying.
I don’t understand why so many American manufactures use other designer’s ideas instead of just hiring that designer and having them do something custom for them. I know companies like Donghia and Baccarat have stepped up to the plate and have sued people for stealing their designs, hopefully putting the fear of God into them.
For those of you out there that are in or trying to get into product design this is a big question. What does everyone think about imitation? Do you have any ideas on how to protect yourself and your designs? Have any of you dealt with this? What happened to you?
We run into similar problems. Once my husband left a bid and a (name-stamped) sample board showing a custom decorative wall finish with a designer . A few months later, we get a call from a dry-wall contractor asking us how to do the finish! The board had gone from the designer to a general to this guy with instructions to duplicate the finish. The designer didn’t have the courtesy to call us back or return the board. There is definitely a fine line between “inspiration” and rip-off.
It looks like you are protecting yourself as much as you possibly can but perhaps you can see if there is another way to approach this legally. I agree it is annoying and I for one never thought imitation was any form of flattery, just something to say that made no sense at all. I once had a decorator (who I was gracious enough to let work out of my well-stocked studio with staff she used) and found out she was using my hand-drawn renderings to show to her clients whenever she could get away with it. Even my fabric choices. That was not a good day and she was promptly asked to leave. It is amazing what people will do as I am sure you now well. Sorry and sad when I hear it can happen to a great talent as yourself Vicente. Do they think you won’t notice? It isn’t a form of flattery, it is a rip-off no matter how you say it.
They will always claim that something is a little different and that they did not in fact take your idea….
Sorry, that sucks!!!!!!!
I reminds me of a “Will and Grace” episode…
I had a friend steal a idea for a perfume bottle after I sent her the photo of my new solid perfume…
When a friend stated that it looked just like my perfume design she claimed innocence…
I was angry, but what does one do… Needless to say, I do not stop by her Store any more….
From talking to others It seems to be a sickness out there..
xxoo
Melissa
As a teacher of design I’m able to recognize every knock-off and rip-off in every store I go into and every catalogue I peruse – and it ticks me off. I’ve walked into a local store and seen imitations of furniture I last saw in a to-the-trade showroom.
Your idea of a flat-screen TV on a large easel is being knocked off at the moment, if I remember rightly. How to stop it?
I see the theft of intellectual property taking place in many different arenas these days. I wonder if there is a lack of ethics being taught in our homes and in our school. There also is a phenonom called
crytomnesia. Here is the definition taken from Wikipedia:
“Cryptomnesia occurs when a forgotten memory returns without it being recognised as such by the subject, who believes it is something new and original. It is a memory bias whereby a person may falsely recall generating a thought, an idea, a song, or a joke, not deliberately engaging in plagiarism but rather experiencing a memory as if it were a new inspiration.”
Whatever the reason for this behavior – it’s really infuriating!
hallelujah
I hope that someone or some group seriously undertakes the issue of copyright or intellectual property in architecture and design. All art forms are somewhat derivative of knowledge in the past, but that has not kept songwriters, authors, artists and industrial designers from achieving copyright status for their creations. Even the image of a particular painting or photo can be copyrighted though the concept of landscape, portrait or abstraction is universal and shared. Songwriters, musicians and publicists, which are sometimes one and the same, share royalty rights to their music and are paid each time a song is played commercially. I would like to see any of us have that right over our original design ideas.- Gary
Sometimes it gets to a degree where clients bring in their contractor or carpenter to our showroom to show them designs, you know to make it easier for them to copy. As you said once you publish/have a website/blog or any form where your images leave your property there is no control anymore. It is very frustrating. I was reading that employees of one mass clothes producer were banned from attending any fashion show to show that it is unacceptable to steal. But then again the following day the photos will be in all the magazines and will be stolen. I guess these low standard people will always be there and they will only steal what is already done they cannot steal what is yet to come.
This is such an interesting topic, working for an American textile manufacturer that does have in-house designers, we sometimes run into this. On the sales team, when we hear, “oh well this person is now making something just like it.” We cringe, but on the other hand someone has to pave the way for beautiful inspiring design. I think our design team would actually argue that knock-offs inspire them to design the NEXT best thing, separating the good from the great. It stings a little bit when someone copies a design..actually a lot, but design is progressive, and evolving and that is what separates the good from the great. So when you are copied, let it sting for only a moment… then separate yourself and rise to the next occasion.
Nothing really serious has been done about this issue since the US was founded, and there’s not much enforcement on the international scene. For example, the Chinese are notorious for totally ignoring intellectual property rights, not to mention human rights. And look what happened with the fashion industry’s campaign against fakes– that went no where. So don’t hold your breath or waste energy on it.
In any case, product design isn’t necessarily going to make your company money unless you go mass market like the Target short-run merch deals. And even then, in this economy nothing is certain. But it can work, and still preserve the value of the brand– look at Michael Graves.
I would love to buy a VW lamp at Target (hint, hint).
You all should check out the CFDA’s new design manifesto!
I have also experienced this. Submitted a mock-up for a wall mural only to have it turned over to another artist to do. The good news is that my name was not attached to the finished product since it was awful! I try to remember that there really is no such thing as an original thought when it comes to design. After all, we were inspired by something we saw! I say, relax and let it go. When someone really BIG and important with lots of money to fight it wins a case, things will change. Until then, we move on to the next idea….
However the great designer is the goose with the golden egg and keeps producing. Those who attempt to steal the egg can only manage a lesser copy and then are back to the mediocrity they started out with.And there is only so much they can steal (or am I wrong about that?)
It’s still madly inspiring to see that perfect thing of real design. It feeds people’s lives and spurs them to keep refining their own style. Ideas take on a life of their own. This is a hard one to control. I would think someone with such an identifiable style, as you Vicente,would be able to protect your brand.However, when you look at courture there is a lot of overlap. Tricky stuff.
You are in a tough spot when it comes to furniture design. Money has to be the reason manufacturers won’t hire the designer for their original designs. The public’s demand for ever lower costs will stay with us till the recession is long over. On the glass half full side, I see copying as an endorsement of your excellent design, not flattery. I’m not saying it is right, but every great designer line of furniture has been copied…tweaked first, but copied.
To the decorative painters/artists, like mbwife’s husband, ask the designer/client for a deposit on the sample — and of course they’d get a credit if they go through with the project.
Sadly, too many people value something only when they have to pay for it.
It is theft anyway you look at it. My hubby and I do hotel remodels and a few years ago found our design bids, quotes and material lists were being handed over to other contractor’s to duplicate. We no longer leave detailed info and pictures. The good news is that the other contractors did such shoddy work we are being called back in to fix it and they are paying dearly.
Commercial design retailers are the worst and are actually RUINING design ideas- look at Restoration Hardware and Crate and Barrel… they are constantly taking design house products and making low quality copies. Drives me crazy. I can’t imagine how Axel Vervoordt feels about Restoration Hardware!
I’m sorry to hear that your designs have been ripped off. While I would take it as flattery that your design is appealing and useful to others, it is wrong that another is reaping the credit and financial benefits off of your idea. There is absolutely a line between inspiration and unabashed design plagiarism.
There is only one Vicente Wolf and try as they may, no one will ever duplicate you or your talent. Stealing one’s idea(s) and/or design(s) is a cheap shot and those who willingly do so seem to have no conscience. What gives me solace though, is you have provided many clients with somthing no one can ever take away. Your vision for their home is one of a kind and from what you have said, many of them hire you again and again. That in itself speaks volumes and you should be happy for that (I’m sure you are!). You are an original and you have helped make the world a better place. Everything you share and all that you do provides great inspiration for those of us who appreciate it, especailly those who can take it to the next level and hire you. I really doubt they are hung up on “fake”; they’re too busy enjoying the original! Never the less, we would all give our eye teeth to stop the thieves dead in their tracks, but I’m afraid it’s like a cancer. There are just too many consumers who really don’t care. After all, without the consumer and the market they create, the fakes wouldn’t stand a chance. I say, be proud of your design work and keep showing the world why you are one of the best!
Vicente – Let me take Elizabeth’s thoughts a step further. A great design is not merely the sum of the details, however original and inventive the details are. There is a unique skill in visualizing and organizing a space and the elements within that can’t be duplicated in retail shops, advertising or copycat design. THAT much can’t be taken away. And it is evident in the advertisements where your furniture and details or those of other designers appear within lesser designs. Hope that helps. – Gary
People justify all kinds of thievery.
I agree with Ms. Carmody, there is only one VW. They can try to be like you, but it will never, ever be as good.
Some people won’t know the diff, some will.
My favorite boss once said to me when my work was stolen, “Let ‘em have it, you’ve got more and better ideas in you than they’ll ever have.”
Truly creative people are truly rare.
Everyone else is always trying to catch up. Those who lack talent and creativity first grow frustrated that they can’t do what the truly talented and creative make look so easy. Then they get desperate because they desperately want to be what they see.
The mark of the untalented and uncreative is that they are always following, picking up sloppy seconds and trying to clean them up and retool and reinvent — because deep down they know the truth, they know they untalented and uncreative and just not smart enough to do anything else but follow. Not smart enough and lacking the work ethic is takes to create and design from the place of unique perspective.
Vicente,
The fear in having an idea stolen shouldn’t bring fear or anger or any other negative perspective. We all have a choice in how we see the world and it’s especially important to choose our perspective wisely when there is something in our life that shows up contrary to what we hold true.
In this situation, I would choose, and invite all of us to choose, a new perspective.
That regardless of who steals are ideas, we choose not to place our finite attention on that. We would look to the next best thing that we can create and design. Let inspiration find us or let’s look for inspiration. We should allow our passion to guide us on creating a new design then pour our energy and time into that activity.
I strongly believe that this new perspective will keep our minds unencumbered by contradictory thoughts and, I believe, a clear mind will allow the inspiration of new greater design ideas to flow to you.
It may not be a perspective for everyone, but it definitely is mine.
Regards,
Dylan
I can’t add much to the discussion other than to be one more voice saying that no one can really do what you do, Vicente!
I have developed over the years a system of interrelated products for residential kitchens. Included in them is a proprietary stainless steel counter with an arrangement which allows a cutting board to float the length of the top, and carriers which use pieces of Gaggenau appliances as colanders and work trays. The purpose is to allow prepared ingredients to be moved directly from the cutting board to the vessels in which they will be cooked.
I made a custom top for a rather well-known furniture manufacturer in Northern California for the dwell on design show in 2009, with a clear agreement they would not attempt to reproduce anything like or similar to my product.
Four months later my production partner called me and indicated they had received an order for what was, for all intents and purposes, my top.
I had the vendor add a hefty percentage for me and told him to go ahead…the money paid for a display of the top in one of my dealer’s showrooms, and I’ll probably take my wife up to Sonoma for a week on the rest of it.
Maybe I’ll stop by the design thief’s facility and thank him for his order…let him know he could have saved money by ordering it from me.
What I have done with this top is to find (after 40 plus attempts) the vendor who has the expertise, the fire in his belly and the ability to understand the potential this product represents for him, who also has the moral fiber to be loyal; get the engineering done so we can produce the top at a lower cost than anyone, so the people who try to copy soon give up trying.
Admittedly the top is complex and stainless steel is very difficult material to manage, so the number of people who could do what we do and make a profit are very few. It’s likely that they have been on the wrong end of some thief of their own, so the tendency to copy is much less.
It is a very difficult thing against which to defend, however, if someone chooses to copy with malice aforethought. I know for a fact that my personal thief won’t be able to find the top for what he was charged by my production partner, INCLUDING my markup, because I have already interviewed and rejected the vendors who are (possibly) capable of producing the pieces based on cost.
There is a wooden version of the top which the thief may have better success copying, but we’ll see what happens with that later. We have the jump on the national market and there are trade dress precedents which can be brought to bear. One thing to consider might be the Erin Brockovich approach: when a company of sufficient size rips you off, go after them. Get your attorneys to take a contingency. When the thieves tell you how large a company (“we’re a $40MM company) you are suing, say: “Really, that much? We’ll have to sue for more money then.” AND DO THAT.
Thieves, bullies, liars and other lower forms of life haven’t got a moral imperative. Truly creative people do.
“All that is necessary for evil to triumph is for good men to do nothing.”
The other thing might be to use your advertising dollars to point out the name, address dealer list and so forth, saying “the following people stole my ideas” and “these other people are helping them sell the cheap knock-offs:”
A couple of full-page ads of this type might turn the trick.
Every creative person attracts parasites just the way pretty girls attract sexual predators. It’s an ugly fact of life, but it doesn’t mean we have to tolerate it.
Let’s use our creativity to fight back, in creative ways.
All the best,
I believe it is a form of thievery. I’ve had it happen with my design plans for clients. But to have a piece of furniture you’ve designed and then have someone mass produce it is way beyond unfair. It’s unethical and immoral.
I wouldnt’ worry so much. So what if a guy in let say New Jersey has similar kitchen than mine. Kudoz for him.
I know this is an old post but I just read it.
There is nothing you can do. Years ago I had a line of furniture in high end showrooms across the country. Our first market was Dallas. After the opening party my partner came across the showroom to tell me “Well. darling, you are a hit !!!” At least, 2 other showrooms and 3 or 4 big names in the industry have come in just to take pics of your collection!
PS Even though there were knock offs of my collection that night in Dallas I DID get to go to dinner with the showroom people … “my people” and Kalif Alaton and his “people”… ( he also was showing his line for the first time in the same showroom as me)…I had always been so in awe of his work that I was pretty star struck…. and of course that French Algerian accent of his pretty much did me in !!!
Getting back on course…
Even my manufacturer of my iron chandeliers, with whom we had an agreement… started knocking off my chandeliers and all of a sudden, they were showing in every 4-5 star resort in Mexico !!!!
Oh Well !!!
I completely get your frustration, it’s always going to be something highly annoying when you’ve put your energy into something and thought about it, then another person takes it and thinks it’s now their own having changed a little aspect of it.
The problem is I guess, the line between ‘innovation’ and ‘inspiration’ and pure ‘imitation’ which is actually just pretty lazy..the line get blurred too often than not I think