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Story by
SarahSays
Published on July 29, 2008 in Reviews |
Photo by Anda |
In previous “You be the Judge” articles, Etsians offered opinions regarding the image of an apple, Vuitton and Darfur, and Naked M&Ms. This time, I invite our community to examine a pending case concerning a product not typically associated with the word “knockoff.”
When walking through certain neighborhoods of New York City, I often am approached by entrepreneurs selling “brand name” items at unbelievably low prices. These allegedly designer bags, watches, DVDs and perfume may look similar to the real deal, but chances are the products are knockoffs and illegal. It’s easy to doubt the authenticity of an item yanked from a garbage bag by a guy standing on a crowded corner whispering “handbag,” but the concern over knockoffs is not necessarily limited to this type of situation: take the case of the knockoff caskets.
The York Group is a Pennsylvania casket maker which sells wood and metal caskets nationwide.
Wuxi Taihu Tractor Co. is a Chinese casket manufacturer.
In a 2006 lawsuit, State District Judge Elizabeth Ray, ordered that Wuxi place the words “Made in China” on caskets built in the Asian country and sold to U.S. distributors, as required by federal law. The judge also ordered that Wuxi cease distributing copycat caskets.
In the current case, York contends that Wuxi violated the court order by distributing “knockoff” and “look-a-like” caskets which copy York’s "hardware, design lines and paint jobs." According to York’s attorney, “this is part of a continuous, ongoing battle that all U.S. manufacturers have.”
Wuxi’s casket designer claims that he doesn’t use York caskets as a standard for his ideas. And others argue that all caskets are inherently similar and question “how many ways can you make a casket?”
Although I was unable to find images of the caskets in question, you be the judge. What do you think about protecting the design of a casket? For more information about U.S. Copyright law check out www.copyright.gov; for information on U.S. Patent and Trademark Law check out www.uspto.gov.
| Tags | casket, copyright, design, law, legal, Legal info for artists, trademarks, you be the judge |
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24 comments Login to add your own!
saracox
i think we should all be put in the ground in a pine box, or wrapped in paper, maybe. maybe just in our undies. why the caskets? a cemetery is almost like a landfill with those things in them. let me be real fertilizer.
GreenSpaceGoods
To the person who is designing a casket and makes it their livelihood, I understand the outrage and have to agree that they should be protected.
babypeasandcarrots
RockCity
“how many ways can you make a casket?”
Out of red & white cardboard with wire handles and a lid that won't stay shut?
MetalheartDesign
interesting. i would want to see how distinct the design of the casket was.
VintageEye
Eliminate the middle man. Burn me up and scatter me to the four winds.
Then I can immediately begin to replenish the earth rather than waiting in a box to decompose.
Cremation is the only way to go!
BellaMental
MiniMonster
Designers should be able to protect their designs, be it a casket, a handgun, or toilet. The judge obviously saw infringement (but I would love to see the caskets).
orchidgrrl
How did imported goods come in without country of origin stamped on? If funeral homes are misrepresenting the coffins, that's a problem York needs to address with them.
Vanessa
dogties
claylabdetroit
Well... I'm a ceramic artist looking to do funerary urns, so I may be biased :)
Buuuut, I can do without more materials decomposing into our ground water. Caskets are much cooler when they're the cute little barrettes and designs in icon form!
As far as "copying," it's all been done... we're just adding and subtracting to change the images, anyway.
simplykonawhim
I agree with BellaMental, western pine box, but someone would copy that too.
raghousenternational
I feel it's important that whatever innovation original design you create should be protected in some kind of way. If appears that someone may be copying your design, it should definitely be question. If the case is found unfounded or if the result is that the "copy cat" is not copying then so be it. There has been much reputation of Chinese manufacturers copying popular, trendy items. It should always be questioned to keep the integrity of business and original design.
Ren
dmriceart
Ashes, and a little urn, thanks...
As for copycat caskets... I really think the buyer be ware...
kmodine
Hmmm, this is strange. Without actually seeing the caskets and how similar they are it is hard to say. I can't imagine a casket so distinctive that it would be trendy enough to create a knockoff, but then, this is not my area of expertise.
excely
As to the copying issue, a design is a design. It doesn't matter if it's a casket or a necklace or a shirt. So the casket design should receive the same kind of protections any other design would get.
Regarding what happens to your remains after you're gone.... I learned an important lesson, the hard way, at the beginning of this year when we lost my mother in law at only 58. It's great to say "I want x when I die," where x is usually something super simple and unfussy, but honestly, everything that happens after you're gone is for the people who are still here without you. Let them do what makes them feel best, be it a simple pine box or the most beautiful casket you've ever seen. It doesn't matter to you- you're dead- but it matters a lot to those who are trying to deal with the loss of you.
LoucheLab
Why does anything that has do do with the practicality of death is always so damn funny?!
I look for originality in different things that I buy, but I have to say, after I die, I really can't imagine caring whether my casket is a knockoff or not...
I know we are all very protective about our copyrights here on Etsy and China does have a bad reputation when it comes to knockoffs. However, I don't think there is any way to prove the Chinese designer copied the design (as said, there are really only few ways to design a casket), so unless the original designer find a way to prove it (lock the Chinese guy in a casket and force a confession?!) I don't think there's much that can be done.
This did reminds me of this interesting product (if you are in the market for caskets, consider this):
http://www.greenyour.com/lifestyle/ev...
Art2ArtColorado
hummmm...
this is interesting and would love to see the visuals too.
*i wonder then about the 'knock-off' gowns after the big awards ceremonies, etc... or bridal gowns, handbags, etc.
*there must be enough change in a design to qualify it as a new & novel creative product, right?
so, my guess is the copycat is just that, a copycat...and the first ruling will not only stand, but hopefully be enforced.
(maybe some damages/compensation are in order too, to inspire him to change his tactics).
BibBon
Is nothing sacred!!!!???? (I yell dramatically and a little sarcastically)
Well Casket is the same as everything else and therefore same rules apply.
But. . . . as with everything it is hard to distinguish between knockoff and genuine none copping similar products.
eclipse
As with any functional object, there are a limited number of ways to make a casket. The same is true of handbags, jeans, etc. Jeans have to fit a human body with 2 legs, so they are going to be similar. The small details in jeans and handbags are what sets each brand apart.
But in this case the copycat is accused of copying hardware which might have a logo or some kind of proprietary patent. This would be like copying the "C" buckle on a Coach bag or the double "V" stitching on a Levis pocket, and that is definitely a no-no. I think I'd have to see a picture of the hardware to make a judgment.
NOSSUBGALLERY
Difficult to give an opinion about these specific caskets without being able to see them side to side. My opinion is that everyone's designs or any intellectual property should be fully protected.
As an attorney, and Etsy's legal counsel, what is your opinion about protecting the design of the casket, and any other intellectual property?
PumpkinDoodle
I am surprised to read an article about knockoff caskets since I really never considered that a casket was something that was a brand name. I mean are we so brand name oriented that we are even worried about our casket being a brand name? Seems odd really. I do think though that if you are going to be the designer of a casket like all other products that you should have an exclusive right to that design. When I was in school I had an assignment ripped off and it really irritated me. I am 100% sure that if someone stole my art or a photograph I would be very upset! I think the designer should have a legal right to keep their art exclusive!
Previous Page
much like anything else there is a finite number of way that anything including caskets can be made. i think we need to focus mor on making our own product better than worrying about who is copying us.
in this case if the casket has "made in china" in a prominent place (prominent for the wholesaler/buyer/middleman not the end user) then that should be sufficient to set the two apart.