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Copycat, Copycat
Furniture Makers Are Fighting
Knockoffs
It is nearly impossible to walk around any large
city these days without running into street vendors doing a brisk trade in
knockoff designer handbags, sunglasses and watches. But high-end fashion
accessories are not the only counterfeits flooding the marketplace.
Street merchants have yet to offer copies of tables, chairs, rugs and fabrics
from the biggest names in home furnishings. However, unauthorized reproductions
are definitely out there, from the showrooms of rival designers to department
and specialty stores, from catalogues and the Internet to slick shelter
magazines.
So pervasive is the problem that the home
division of the 80-year-old Herman Miller Inc. -- maker of iconic mid-century
designs by such giants as Charles and Ray Eames, Isamu Noguchi and George Nelson
-- has mounted a traveling show called "Get Real." Its aim is to draw attention
to the problem of purloined design and to educate consumers about the value of
buying the real thing, even if it costs far more than the knockoff. The exhibit is currently at the Daniel Donnelly Modern
Design Studio in Alexandria, which carries mid-century originals and authorized
reproductions, including those by Herman Miller. In early September, it moves to
the Museum of Modern Art retail shop in New York.
"This is a big problem," says Marg Mojzak, Herman
Miller senior marketing manager. Officials estimate that the Zeeland, Mich.,
company loses millions of dollars a year to knockoffs. And the fallout is not
just financial, Mojzak says. Knockoffs also tarnish the firm's reputation for
quality.
"Our customer service department probably
gets two or three calls a week about a problem with a product people think came
from Herman Miller. They'll say, 'I'm calling because the pneumatic tilt on my
Eames lounge chair doesn't work.' We've never made it with a pneumatic
tilt."
But not all cases of disputed design are
open and shut. Copyists often contend that their products -- which might vary
slightly in form, material or color -- are "inspired by" or "derived from"
rather than duplicated exactly from an original: a table leg just a bit wider or
longer, a sleek chair in fabric rather than leather.
In some cases, once-protected designs by
famous masters may now be in the public domain, open to copying by
anyone. "Knockoffs have been a fact of life in
the furniture business since Thomas Chippendale knocked off the Chinese --
probably before," wrote Mark McMenamin, a senior editor at InFurniture, a
monthly industry trend magazine, last September.
Moreover, said McMenamin in an interview,
many consumers don't really care if they are buying a knockoff. "There is a very
small slice of Architectural Digest readers who will only buy the Herman Miller,
the Henredon," he said. "But most people, if they can get a break on the price,
will."
The new "Get Real" campaign is hardly the first
time the interior design industry has fought back. Since 1990, dozens of
individuals and companies have banded together to fight knockoffs under the
aegis of a group called the Foundation for Design Integrity.
"It was easier to do it collectively," said
Los Angeles designer Sally Sirkin Lewis, a driving force behind the group. "We
had some very good names at the beginning. We were all reputable firms who were
complaining." Early successes frightened other knockoff artists, "especially
when they read about lawsuits going against them." Her own experience -- and that of her company, J. Robert
Scott Inc. -- illustrates the scope of the problem over the decades. Several
years ago, she went after a top global hotel after noticing fakes of her
textiles on a bed in Atlanta; the offenders had to destroy fabric and pay her
undisclosed damages. Ditto for the national purveyor of pricey gadgets, which
settled after Lewis noticed a Chinese-made knockoff of one of her mirrors in its
catalogue, she said. Equally galling was seeing
her distinctively striped 1980s chair attributed to a competitor in ID, the
slick international design magazine. After sending the editor documents proving
that she, not the rival, created the piece, the magazine ran photos of both
chairs, Lewis said. "What bothered me was this was one of our very important
trade magazines, and they wouldn't get behind me," she said.
Five years ago, Herman Miller sued
Palazzetti, a chain of U.S. stores selling an Italian-made Eames chair knockoff
along with their reproductions of pieces by such modernist masters as Le
Corbusier, Mies van der Rohe and Eileen Gray. Only Herman Miller has license
rights in this country to use the Eames name.
"We weren't able to stop them from
producing it, but they really pulled back considerably from advertising it" as
an Eames chair, said Mojzak, adding that the case was settled out of court in
Detroit. Palazzetti no longer has U.S.
stores, but does sell other designers' "modern classics" on the Internet and by
telephone, said Tonia Gotsis, manager of Palazzetti Express, a sister company
with an office in Greenwich, Conn. The Eames lounge chair, however, is not among
those offerings, she said. "That's Herman Miller. We do not sell Charles Eames
any more." In May, Herman Miller scored
another victory by obtaining trademark "trade dress" protection from the U.S.
Patent and Trademark Office for two of its most celebrated pieces: the 1956
Eames wood and leather lounge chair with ottoman and Noguchi's 1944 glass and
wood coffee table.
That means the company can take legal
action against those whose copies merely evoke, not just faithfully duplicate,
the originals. "It's like the Coca-Cola bottle. It's the same kind of
protection," Mojzak said.
The financial toll that imitations inflict
on the furniture industry may be hard to calculate, but almost no one -- from
individuals to major companies -- is immune.
When designers encounter knockoffs, their
lawyers usually demand the copyists cease sales or production, destroy existing
stock, reveal the names of suppliers and pay monetary damages. Some cases go to
trial; others are settled out of court with the terms remaining
confidential.
Combating knockoffs may be tedious and
costly, but it is essential, said Manfred Scheller, president of New York-based
Donghia Furniture/Textiles Ltd., founded by the late Angelo
Donghia.
"We have pursued numerous copyists all the
way from single interior designers -- who tried to cheat by taking a [showroom
catalogue] tearsheet with a picture and dimensions to an upholstery shop to have
it made -- to retailers like May Co. department stores, that would buy a Donghia
chair that's become a signature, like the Luciano. They would be in cahoots with
some North Carolina manufacturer who would offer them thousands to be sold at
$399 each, while ours were sold [wholesale] to the trade for $2,500 plus
fabric."
As evidence, the design house produced
pictures of its Luciano chair and a Boston Globe ad for Filene's (owned by the
May Department Stores Co.) touting a "Donghia Tailored Accent Chair." Donghia
won that case in the late 1990s, with the settlement remaining confidential. The
St. Louis-based chain had no comment, said Sharon Bateman, May's corporate
communications vice president: "According to the terms of the settlement, we
cannot discuss the case. Both parties are precluded from talking about
it."
Donghia now plans to take aim at Crate
& Barrel, whose fall catalogue cover features a $499 armless Jacques chair
that Scheller says looks too much like Donghia's $1,050 Villa chair from 1998.
"We happen to have a design patent on our whole Villa collection, so it is up to
the judges, the lawyers, to decide if this is a knockoff or whether they made
enough changes to get by," he said.
Crate and Barrel spokeswoman Bette Kahn
said she gave a photo of the Villa chair -- downloaded from the Donghia Web site
-- to her company's upholstered furniture buyer, "and he said he never saw it
before until I showed him the picture."
Clearly for many consumers, the bottom line
is the bottom line. They simply can't or won't pay top dollar for a designer
original.
Donnelly, whose shop is hosting the Herman
Miller show, cites three reasons to avoid knockoffs: "Better workmanship and
materials, higher resale value and bragging rights. Authentic is authentic. It's
the difference between fine cheese and Velveeta. The fake ones are cheap for a
reason."
What separates a $300 Noguchi knockoff from
the $999 Herman Miller model is the signed, 3/4 -inch glass top and "flawless"
finish on the wooden base, said Donnelly. "We have a mantra here: Buy it once,
you buy it for life. With knockoffs, it's money in the wrong
direction."
Yet Herman Miller's Mojzak acknowledges the
fight has its limits: "If you take a product that isn't protected [by design
patents or trade dress], as long as consumers are not being misled into thinking
they are getting an original, that's American business, and there is nothing we
can do to stop them."
Source:
The Washington Post
Company
By Annie Groer Staff
Writer
Thursday, August 21,
2003