In an industry that depends heavily on creative design, the lines between original and classic often become blurred as products are "refashioned," updated or repurposed to satisfy consumer demand.
On the inside back page of our February issue, the members of Home Accents Today's designer panel shared their opinions on this subject, ranging from what Rick Janecek sees as a growing "desensitization" for design plagiarism to Barclay Butera's comments on ancient symbols and historical adaptations, to Nina Campbell's notes on the importance of good documentation.
When Janecek expressed an interest in opening up the discussion a little further, we took him up on it and put the column on the Home Accents Today Web site. (Click here to read the blog.) The result is a candid, sometimes emotional, discussion that confirms several things — knock-offs and design plagiarism affect retailers, designers and manufacturers alike; it's been happening for some time; and legal victory doesn't necessarily guarantee success.
Matthew McCluggage reminds us "the customer drives this market" so the designer's interpretation must be "seen as valuable to the customer." He suggests education may be a solution, "certainly less messy than legal action," and credits design TV for revealing a bit of the magic — the way it helps consumers understand and develop a respect for the process and all that's involved.
One designer/manufacturer said change will only come if the copies are priced more than the original —when his own designs were knocked off it was almost impossible to tell the difference between the copies and the originals and, despite victory in court, he ultimately lost his manufacturing business. Another designer, who also won in court, said he would have benefited more if the time and money had been spent creating new designs and investing in his business.
A few retailers registered their opinions, including Thompson Lange of Homescapes, Carmel, Calif., who's seen it from all sides. "Remember, many of us specialty retailers design product, too, and know the problem first hand." When Lange flew to Manila to see what was delaying production of a furniture line he'd designed, he discovered the line was already being sold there in the manufacturer's showroom. "When factoring in my time and expenses, I could have bought my own product cheaper from a wholesale importer."
Retailer Bill Fortson of BJ's Home Accents, Newburgh, Ind., said he invests a lot of time and money in his search for high-quality treasures, and is disappointed when he finds lower-priced knock-offs sprouting up in various showrooms at the next market. "Granted they are not the top quality of their predecessors, but they are definitely recognizable." Fortson doesn't buy them, but some of the other stores in his area do. "(The customers) see the prices of these knockoffs and think we are ripping them off with the fair prices we have placed on the originals. Yes, we usually are successful in explaining the differences when we are asked, but God only knows how often we are not asked."
As Steve Lauterbach of Stratford Court, Scottsdale, Ariz., echoes Home Accents Today's Becky Boswell Smith's reminder that the problem is not new, there's a bit of wondering about what's been tried, and if anything can be done. In an e-mail, retailer (and vocalist) Marilyn Hansen of The Designers of Omaha, Neb., asked if the protection afforded vocal artists via copyright laws and licensing organizations could somehow be applied here so "designers could own and protect their inspiration." Smith doesn't know of any organized effort in the U.S. to curb the problem and Lauterbach thinks trying to regulate it "would be (like opening) another can of worms."
Overseas, they're giving it a good try. Paul Thompson, OneCoast's vice president, creative, brought back a copy of the German Patent and Trade Mark Office's design protection brochure from Ambiente in Frankfurt last month, where he had the pleasure of viewing the show's annual Plagiarius exhibit of golden-nosed gnome winners, which puts "particularly brazen copies" in the spotlight. The brochure explains the new German Designs Law, passed in June 2004 as part of a European Union directive (98/71/EC) to set standards for eligibility and protection of most types of registered design.
A list of associations committed to the protection of intellectual property can be found via a link at www.patent-filer.com. That list also includes a link to London-based "hard-hitting action group" Anti-Copying In Design, or ACID, whose purpose in the UK is to raise commercial and consumer awareness, promote design mediation as an alternative to litigation, provide more education, and pressure the government to enact laws to prevent "free riding ... when someone produces a design which takes the key elements of an original design, but makes sufficient minor changes to the copy so that it is difficult to be legally challenged."
Obviously, it's an issue that affects everyone —designers, manufacturers, retailers and consumers. We invite you to share your opinions and suggestions on the designer blog at www.homeaccentstoday.wordpress.com.
To comment on this story, please write susan.dickenson@reedbusiness.com or "Add your comments" below.
