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by Bernadette Finnerty
Copyright Infringement Cases Settled with Major Retailers
The American Crafts Project (ACP), which had been rumored to be defunct, recently settled several copyright infringement cases against major retailers.
FOR MORE INFORMATIONThe American Crafts Project is a division of the Made in the USA Foundation, a nonprofit group.
To join, send a check for $100
to Made in USA, Box 5402, Washington, DC 20016 (301-263-0652).Joey Manic of Capitol Heights, Md., settled a claim against Kohls Department Stores for copying two designer picture frames.
Cases against Target Stores were filed by T.M. Hoff Handmade of New Paltz, N.Y., Gabbriel Ichak Design Studio of New York, N.Y., and Atelier Muni Mumm of Amery, Wisc. Mumm also named Wal-Mart in his lawsuit.
Hoff sued Target for copying its pottery lanterns. Ichaks claim was for copying its designed handbags.
Muni Mumm, who makes candles resembling pine cones, acorns, and other nature-inspired items, sued Target and Wal-Mart, claiming that the stores copied his copyrighted pine cone candles. Mumm first noticed his candles being copied about two years ago, he said. While the copies were being sold in discount stores, Mumm says his sales suffered.
He contacted an attorney to pursue the case. There were a lot of letters written and phone calls made, says Mumm, but soon the attorneys fees totaled nearly $10,000, with no settlement in sight. Mumm decided he could no longer justify the cost of pursuing the case, so he dropped it. Then he noticed an article in a trade magazine about the American Crafts Project. He joined the organization, and sent his case and all of the files from his previous attorney to Joel D. Joseph, attorney for ACP.
ACP filed suit against the two companies, but both Wal-Mart and Target insisted that their supplier, Makebest Industries, Ltd., a Hong Kong-based company, was at fault. The retailers claimed they bought the items from Makebest under the condition they were not in violation of any copyrights. Joseph says that thanks to pressure from Wal-Marts attorneys, Makebest agreed to settle with Mumm.
Joseph said he expects the damages will be paid by this month. While Mumm is pleased that a settlement is pending, the whole experience has led him to consider licensing some of his work, so at least hed be paid for his designs, he reasons. Joseph called the settlements a major breakthrough for American craft makers. He would not reveal the details of the settlements in each case, but states that the American Crafts Project is responsible for more than $200,000 being paid to small craft makers as part of settlements of copyright, trademark and trade dress claims.
The average settlement [for such cases] is about $25,000, says Joseph, obviously some more, some less. Under the copyright laws, you are entitled to the infringers profits and your lost profits, so settlements depend on how many of the items in question were sold.
ACP has also settled claims with Twos Company and the Christmas Tree Shops.
ACP represents American craft makers and provides free advice to its members. Joseph says he is in the process of building a network of attorneys around the country to take copyright infringement cases in the name of the American Crafts Project. At this point, eight attorneys have signed on. All cases are taken on a contingent basis.