#MERICA: Target Accused of Plagiarizing an Etsy Shop Owner
Looks like Target is, well, the latest target of a copycat case.
The conglomerate is being accused by Mel Lay, a 27-year-old mother of two who screen prints T-shirts in her spare time and sells them on Etsy and the website sandilakeclothing.com, of appropriating one of her designs.
The #MERICA black tank, one of Lay’s best-selling items, was spotted in Target stores across the country by friends of Lay’s. So she went to track one down herself. It didn’t prove hard to find, and she snapped the above picture of herself wearing one of her hand screen-printed versions while holding up the one she found for sale not on her own website. “The meaning and importance of #shopsmall has never really hit my heart until today when it hit my home and my livelihood,” she wrote alongside the photo, which she shared on Instagram. “This photo is me in @target wearing MY #sandilakeclothing original design and holding up the tank they made using the same one. They are identical. And I’m not alone with my story. Small businesses are being copied everywhere with no leg to stand on.”
The only differences Kay noted were in price (the Target tank sells for $12.99, while the Portland, Oregon-based business offers theirs for $25) and distressed tones and quality of fabric. When Lay contacted Target Corporate, a representative told her to write a letter detailing her concerns. Not satisfied with their response, she took her story to a local news station, posted the image on Reddit, and hit has since attracted national attention.
Unfortunately, Lay never copyrighted her drawing so her case against the chain is pretty thin. “Target has a deep appreciation for great design and it has always been our policy to respect the intellectual property rights of others,” the superstore told BuzzFeed news. “We are aware of this issue and are in the process of reaching out to the designer.”
Currently, fashion designs are unprotected by copyright law (but original prints and patterns, unique color combinations and arrangements, and distinct compositions of elements are). This loophole opens the door for knock-offs; its why you can get the latest Prabal Gurung at H&M or Chanel at Nasty Gal. It’s the same reason why Christian Louboutin has sued Yves Saint Laurent, Charles Jourdan, and others for infringing on the red sole trademark. Same can be said for Louis Vuitton, which has defended its checkerboard pattern in court.
But brands with big pockets going against companies with similar resources is one thing. Lay, and other independent business owners like her, taking a massive corporation to task is a totally different battle. Graphic artist Kesh recently went head-to-head with Versace after she spotted a design of hers on the Italian brand’s T-shirt. (They were selling it for $650 and the case hasn’t been resolved.) Urban Outfitters, always one to be embroiled in controversy, has been accused multiple times of pirating jewelry, housewares, and more.
Until the law catches up to the realities of retail, the little guy will probably always be the underdog. In the meantime, follow Lay’s lead and consider her campaign to #shopsmall.
More from Yahoo Style:
Inside Etsy’s Stratospheric IPO: An Empire Built By Women
The Inventive Way That Designers Are Fighting Against Knockoffs
