A clothing designer in Oregon was shocked to find Target selling an almost identical copy of a shirt she designed and has been selling in her online clothing shop.
The shirt, a black tank top with a white flag on it and the word #Merica, was something Melissa Lay designed on her computer using Photoshop. She has been selling the shirts for over a year on her website and on Etsy. Although the Target version is slightly distressed, the shirts are strikingly similar. Lay says, “Side by side, their tank completely matched our design, color scheme, and font.” Lay attempted to contact Target, and then lashed out online, drawing attention from news stations and on social media. Target released a statement, saying, “Target has a deep appreciation for great design and it has always been our policy to respect the intellectual property rights of others. We are aware of this issue and are in the process of reaching out to the designer.”
Target claims that the shirt was not made by one of Target’s in-house brands, but by an outside vendor. In the meantime, Target has agreed to pull all the shirts from the store.
While Lay had not trademarked the design, due to the costs involved, she is still considering legal action. She says many other small business owners reached out to her, claiming they have had similar experiences of their designs being stolen (not necessarily by Target). Lay says she now feels an obligation to stick up for the “little guys,” saying, “They’re using a stolen design, but they have the backing of large company dollars and the little guys like us don’t stand a chance. It’s frustrating and it’s not ok.”
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