OurWorkbench

It sounds like there could be copyright issues. https://www.iptrademarkattorney.com/...al-similarity/ I don't understand all the legal jargon, but it sounds like there may be cases of copyright infringement.

Janey - Neat people never make the exciting discoveries I do.
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joe'smom

Thank you for the suggestion, but I don't see what help it would be to contact either designer. I think they are bound to know more about what's going on in their industry than I do.

I agree, it would be impossible to come up with something completely new. In this case, I'm talking about a great number of very distinctive design elements that these two fabrics have in common.

They are so similar that I'm actually wondering if the second designer might not have asked for permission to copy the first, as an homage (but that seems unlikely).

quiltsfor

It is also possible, but far fetched, that it is by the same designer using different 'pen' names like author's do. Or perhaps the run with the first manufacturer expired and they are now under another manufacturer.

My advice. Let it go. Unless you are the designer, personally know them, or are in the field of fabric design or manufacturing, it's really none of your concern.

joe'smom

OurWorkbench, I cross-posted with you earlier. Thank you for that link!

"The intrinsic test focuses on whether the ordinary reasonable person would find “the total concept and feel of the works” to be substantially similar."

There is no doubt in my mind that the ordinary reasonable person would not only find the total concept and feel of the works to be substantially similar, but could very likely confuse one for the other, they are so alike.

quiltsfor, I know it is no real concern of mine, but it made quite an impression on me, and has been helpful for me to be able to discuss the issue here.

SuzSLO

It is an interesting issue. Apparently, there is litigation in the fashion industry over prints because the fabric is one of the few things in fashion that can be protected by copyright. Urban Outfitters lost a case a number of years ago when it used print purchased from an art studio in a dress design without being aware that the art studio had sold the same or similar print to another company. You can see the similar prints both used in dresses here: https://www.knobbe.com/news/2017/05/...t-infringement

There appear to be a number of companies that regularly sue for copyright violations and it has become a bit of a booming industry in LA. But sometimes the cases fail. As when Star Fabrics sued Zulilly for a design that court found to be nothing more than a “zig-zag” that was not an element subject to copyright.

Rff1010

Story time!
I once found a fabric at Walmart that I particularly liked for fussy cutting. It was beige with black line drawings of roosters and cows. Fast forward 1+ calendar year and I see the exact fabric from Robert Kaufman at a quilt shop in PA.
An opinion - perhaps some designers may choose to licence their designs for other manufacturers as a separate income stream. The Walmart fabric was not identified as a Kaufman design because it was a lower quality manufacturer.

Unicorn Quilts

It's possible the designers were inspired by the same thing - maybe it was historical wallpaper designs, a piece of art, a story, who knows.

Sometimes you'll see two movies with almost the same story being released closely together. Designers and artists often get inspired by the latest trends and influences, and they can produce very similar looking work.

SallyS

I did ask my son, a lawyer, about suing for plagiarism. He said it's rarely done because of cost.

MaryKa

The truth of the matter in copyright is that it cannot be copyrighted IF the person is using something that is considered public domain. For example, squares, triangles, horses, dinosaurs, flowers and so on.

Even flour, sugar, etc. The only thing in that can be copyrighted in a recipe are the directions. The name such as Betty Crocker is a Brand Name and is protected under a different set of laws. However, I can write that same recipe stating 1 cup flour; 1/2 cup onions, etc. and rewrite the directions completely and it then becomes legal to publish this recipe even tho' it makes the exact same product with the exact same taste/texture.

This also applys to sewing patterns. 18-inch doll for example from Simplicity and McCall's. The patterns are exactly the same for cutting out a pair of slacks because the are for the same doll and no matter how you draw it, it comes out the same. When these companies list it as copyrighted they know the pattern itself is not what is under that copyright but it Is the WORDING in the directions.

It's the same with fabric. How many roses or daffodils or palm trees can you make? Each one is still a rose or daffodil or palm tree. You can fold them or cut them on a curve or stand them up straight but again they are still what they are in nature. This is why the USA has refused to allow the copyright such things.

I have taken several creative writing classes and this is the first discussion in every class. "Copyright will be honored. If not you get an F for you grade snd that F stands for FOOL if you think I (instructor) is not going to know you are infringing on a copyright." NOT quoted exactly as one of my instructors also quilts and is a member of this board.

Hope this helps. Clear as Mud--maybe.