My Marks & Spencer ordeal
Most of you may know about my recent ordeal with Marks & Spencer & their strikingly similar design. Unfortunately the matter is still ongoing…you can read the earlier blog posts here & here.
It’s deeply upsetting as I followed the correct legal format, my design is well documented (first created in 2008) I’m an active member of the ACID community. I sought legal advice & complained immediately to Marks & Spencer, I kept the whole thing quiet & tried to work with Marks & Spencer to resolve the issue yet they have left me with no choice as the matter is still unresolved….I decided to speak out publicly so they took the matter seriously. I also felt it was my moral duty as a teacher to raise awareness on the re occurring issue, to not be afraid to speak out & protect what’s rightfully yours.
I’ve kept everything low key over the past three to four weeks as I’ve been so distracted, distressed, exhausted & upset by the whole ordeal. I’m not someone who likes to post about negativity or dwell on things. I’ve tried to keep my regular positive attitude & have really tried to forget about it all (whilst my solicitor has been dealing with the matter). The truth is that behind the scenes it’s been a very different story…. On Facebook & Twitter it may seem like everything is OK but no one really knows what goes on behind closed doors & the emotional strain it’s had on me… The stress & financial pressures have been overwhelming. I’ve not been sleeping at all & have really lost my creative drive. Is it fair to treat designer’s in this way?
For me the most disappointing thing is that I’ve always liked Marks & Spencer & regularly shopped there. As a freelance designer I have actually designed for them on a regular basis (via a design studio) on products such as: greeting cards, stationery, gifts, toys & even their packaging. I have even created some of their bestsellers! (I have designed for them since 2008) Some people have said I should be “flattered”. But it is really insulting to think that a previous employer has done this. It’s really distressing & truly upsetting that it has come to this. I really don’t see how it’s flattering? I would like to think that’s it’s any designers worst nightmare…
My designs published on greeting cards (above) for Marks & Spencer!
Marks & Spencer have publicly blamed their supplier but is it OK for Marks & Spencer to take the profit of the sales? To continue to sell the design for over two weeks after I complained? (After I followed the correct legal format) Marks & Spencer have been quoted to have said they removed the tops “immediately” after my complaint… I didn’t realise over two weeks was immediately… The top was first spotted on one of the London stores key window displays back on the 9th of June. (We know the tops were selling for at least four weeks from the date of the initial sighting to the day they say they pulled the tops from store).
I have never voiced my own personal opinion in the media or on previous blog posts but why should I be scared to speak out? No one sees the impact it has had on my business and not to mention the steep legal costs. Today I have decided to personally speak out, Marks & Spencer may think that because I’m an independent designer I will be too scared to fight the cause…they may think I’m going to just go away… Should I have just let them continue to sell the tops without my permission? I firmly believe in standing up for yourself & this is something that I not going to suddenly stop doing.
For me the most disappointing thing is that Marks & Spencer still haven’t done the right thing, they have been given numerous opportunities to do so…
I’m actually astonished that they still haven’t tried to resolve this…when myself and ACID really have tried to work with them (*this has been dragged out since June).
My Etched Floral lighting design (above) as part of a USA licensed range.
I’d like to thank everyone for their ongoing support you will never know how much it means to me… I can’t thank you enough! A special thank you goes to The Guardian, The Daily Mail, Drapers, Elle Decoration, ACID, The Design Trust, Own It, Fiona Pattison (my PR consultant) Kelly Hudson (my solicitor) & Kelly Crossley (my assistant). I’ve even had support from my local MP Stuart Andrew! BBC Watchdog & BBC Radio4!
Please support the ACID “Commission it, Don’t Copy it” Campaign. You can sign up & show your support here.
Here are numerous links & coverage on the case:
http://rachaeltaylordesigns.blogspot.co.uk/2012/07/strikingly-similar-design.html
http://rachaeltaylordesigns.blogspot.co.uk/2012/07/marks-spencer-update.html
The blog (as it always is) has been left open for any voluntary comments. If you also blogged about my recent Marks & Spencer ordeal please share your link & I will add it to the list.
