Marks & Spencer started selling a line of T-shirts
featuring a floral pattern. A young textile designer, Rachael Taylor, spotted
the T-shirts in the show window of M&S Oxford Street shop. She noticed the
striking resemblance with her own signature design of hand-drawn flowers.
As shown in the image, the design is almost identical. Ms.
Taylor never gave permission to use her design, stating: “This design is my
hand drawn original and has been part of my signature collection for quite some
time. It's sold on my own branded products 'Rachael Taylor Designs' from
kitchen textiles through to stationery. The design has also achieved
international success as a licensed design, appearing on numerous home decor
products in the UK, Europe & USA.”
Marks & Spencer have withdrawn the garments from sale while
it investigated the complaint. M&S emphasized that they had bought them 'in
good faith' from a direct supplier. A spokesperson stated: “We are sorry for
any disappointment caused to Rachael Taylor Designs from the sale of a T-shirt
that we bought in good faith from a direct supplier.”
Ms. Taylor started legal action, stating: “I believe a
copyright infringement has been made by Marks and Spencer from using my design
and making it into a garment, then selling in their stores. Not only has my
design been used for profit without my permission, I believe in standing up for
the civil rights of myself and anyone else who has encountered this in their
own professional life.”
In a statement, Patricia van den Akker, Director of The Design Trust, said: “I hear daily of cases like this. It really hurts these
small designers, both financially and emotionally.”
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(Image ©Rachael Taylor Designs Ltd. as featured in the Daily Mail)