Tula's patent did not run out. This is her actual blog, her actual reaction and what she plans to do about it: http://tulapink.com/2010/09/19/outraged/

I'm sure the professionals will get to the bottom of the copyright infringement. In the meantime, it would be a nice gesture not to buy any of the fabric if you do see it. One day you might have a fabric line and I know you'd want us behind you if someone stole your intellectual property. And we'd be there with bells on! :wink:

I understand about her reaction. But to start blaming a nationwide chain right off the bat is silly. The blame lies in the manufacturer who allegedly stole her pattern or patterns. Like someone said here earlier Wal mart and even major places like Sears, Khol's, Penny's etc. can't to a search on every item they sell as to where it's origin is at. All they can do is either stop selling the item or sell what is in stock and not use that particular manufacturer.


Added note:
I did read her reaction, violence is implied. I don't think the Mafia goes after little Chinese knock off artists.

Not everyone can afford the real deal. So an imitation has to do.
Just be careful in what you buy.

I lost a lot of respect for this designer by instantly blaming Walmart for her copyright infringement. She is upset as anyone would be in this situation but to kill the messenger attitude with no facts to back up her accusations is not professional. I hope she gets her day in court and the facts are known either good or bad about this.

I don't think this can possibly be attributed to Moda - WHY would a major corp like Moda hijack their OWN designers patterns - to sell at chain stores ??? makes NO sense
One of the comments to Tula's site said these copycat fabrics have NOTHING on the print register/ selvages - they were all BLANK - so that points to the knockoff fabrics printed in India, Asia or China. They are the real offenders and continually copy/ alter popular fabric & textile designs. Wal Mart apparently bought from these vendors without checking :roll:

Wal-mart has hundreds of buyers. These buyers make most of their buying decisions based on cost and expected profit margin, and they exert tremendous pressure on sellers to hold down manufacturing costs. They don't care about quality as much as they do about cost.

When a seller comes to WM with a product that they're pitching, a WM buying committee judges demand and potential profit margin on the product. They might, and often do, send the seller back to the drawing boards to see if they can produce it at lower cost.

Usually this means that sellers either improve their manufacturing processes or have the goods manufactured in a cheaper facility someplace. Often it means that the seller finds ways to use cheaper, lower quality base goods in the manufacture of their product.

Once in awhile, sellers just say NO to WM's pricing pressure, and decide not to sell to WM because it would mean lowering the quality, and therefore the brand value, of their goods too much. This is why you sometimes see really good products appear on WM shelves, then after a short time disappear.

In this case, do I think WM bought and sold knockoff goods?

Yes. The evidence here is pretty convincing. I don't think that the designer would make this claim publicly without checking with Moda first. If Moda sold seconds or mis-prints to WM, then it's on their heads, but I really think that these are knockoffs made by some third party.

Do I think WM did it intentionally?

No. I don't think they're that stupid, but no one says a company with ethics standards can't, and occasionally do, employ unethical buyers.

Do I think the WM fabric buyer had a responsibility to perform due diligence to see if the fabric was indeed a cheap knockoff?

Yes, and I think that if this get escalated far enough, the buyer responsible will probably "pay" in some way for this mistake, or, if there was no due diligence policy, one will be created.

Any idea how that "due diligence" is performed?

Would the buyer have to peruse all the new fabrics by all the major players, just to see if they recognize it? Where could they see it? Online at the manufacturers' websites?

That won't be sufficient, if it's a design that's still in the strike-off phase as, at that point, it wouldn't even be visible "out there".

It's a hard issue, for sure! BTW I'm bringing this post to Moda's attention, in case they'd like to speak for themselves about it.

And... I wonder what *does* happen to those preliminary strikeoffs? Does anybody know? Do they get "destroyed", or sold as pound goods, or recycled, or... do they wind up for sale as "no-name" fabrics somewhere?

Cranston was just used as an example earlier in this thread. There is no brand name on the fabrics, according to her comment in reply to another comment on her blog. Cranston was not mentioned on the blog at all-someone here in this thread just used it as an example of a company that sells a different line to different types of stores.

I've been concerned that sometimes on this board we border on libel. I also wondered because there is a crazy person out there that thinks he found a fossil of a dragon and has threatened my husband on more than one occasion and published on the internet (DH says they are just rocks). So I looked up libel to see if this qualifies.

It looks like as long as we are stating our "opinions" not presenting as facts, that we are okay.

Here is a link if you are interested: http://www.wisegeek.com/what-is-libel.htm

I was taught that if you can't say anything nice about someone then don't say anything at all.

I've used WalMart material and have been satisfied. You just have to look it over good like you should do whereever you buy fabric.

I think a buyer has a responsibility to know whom they are buying from, and to know and investigate where the goods are coming from.

There's more than one way to do "due diligence." You can and should do it on the seller as well as on the goods.

I know a lot of the original fabric strikeoffs go back to the manufacturer. They use them for display or for showing to retailers. Most of what you see for upcoming lines when you go to buying shows are first strikeoffs. After the buying shows, like Int'l Quilt Market, production is scheduled based on anticipated demand and show orders usually indicated what that is going to be. As far as seconds and misprints are concerned, where they go is anyone's guess, I guess... :mrgreen:

I don't think you can hold WM responsible until they are made aware of the counterfeit issue. Then they should immediately pull all the fake merchandise.

I don't think you can hold WM responsible until they are made aware of the counterfeit issue. Then they should immediately pull all the fake merchandise.

Just went back and read her blog, and several of the other replies. She herself has not seen any of this fabric. It was brought to attention by someone else.

One other gal posted...
before plum was released i bought, here in israel a serten fabric in a local fabric shop with a beautiful print- which after a month or two i saw that it is part of a collection{plum}that wasent even released yet! strange! its as if someone coppied one of your designs befor plum was released. look at my blog post and the date. do one of those fabrics look familere?
http://mellowisme.blogspot.com/2009/...post_5313.html

You know the kind that are painted with cute sayings on them. You hang them on your door or wall. She also made some to put in your garden and seasonal items.

This is very interesting. I was just at Walmart the other day (one that got rid of fabric) and at the end of an isle were some fabrics rolled on cardboard bolts for $4 (aobut $1 a yard). I had seen some earlier at a fabric carrying WM, but when it listed the type of fabric as "Various fabric content, cotton, polyester, rayon," etc, I walked away. However, at the non fabric WM I Specifically picked up the blue/green feathers on redish background that is shown as a knock off on the designers blog and remarked to my DH "I really don't like that!" Point is, I saw the very "Knock off" fabric that is mentioned. I will watch the outcome of this with interest.

Well, RST, we tried. I quit. Especially since someone lost respect for this designer because she was mad at the God we call Walmart. That was never my intent and I feel awful now. She's the victim, not the criminal.

A little common sense goes a long way people, and it's not fair to trash this designer for sticking up for her property. I know Wally World will do the right thing, but sometimes it takes a village to bring it to their attention. I'm confident they will make it right and all will be well.

You all need to go back and re-read the blog. The designer is upset about the knock off of her designs.. She never said that Walmart produced it, nor did she blame Walmart for anything. She only pointed out that Walmart is where it is being SOLD.

She also did not dis all Walmart fabric... she only stated that the knock off of her design is printed on fabric that she would not line a bird cage with.

I feel that she has every right to comment about this on her blog.. if she didnt protect her rights, who would. She said nothing that would be considered libel. She stated only what she new to be true and was careful to NOT place blame. She is only letting the buying public know what has happened.

This is not the first time this has happened.. Recently Fabri-quilt was selling a knockoff of anothers designers Tea Cup fabric. She also blogged about it.

It was the people who, like some here have done, started making the comments about Walmart and confusing the issue. Others just jumped on the bandwagon, using it as an opportunity to voice THEIR opinion of Walmart.

Seems the appropriate thing to do would be to voice our support of the designer in her attempt to get her due, take a stance against the practice of copyright infringement, act locally by letting our local discount stores know when we see it in their store and support the designer by not purchasing the knockoff..as it only encourages the practice all the more.

Sometimes it is hard to do the right thing..

Why do you feel awful? Just because someone lost respect for her because of her knee-jerk reaction (and trashing of walmart fabric IMO) does not mean that person is painting her as a criminal-only that she had a knee-jerk reaction that the poster doesn't agree with. I don't think anyone is trashing her for sticking up for her property at all-in fact it seems like most everyone is hoping she gets to the bottom of it.

Once again, this designer did NOT trash Walmart fabric.. only the fabric that the Knockoff of HER fabric was printed on.. It could have been in any discount store, but was found in Walmart.

The designer did not have knee jerk reaction, it was the people who commented on her blog that started all the anti Walmart stuff.. You must seperate the designer and her comments from the general population that went on the attack in her behalf

She didn't even see or feel the fabric for herself so I don't really see how she could legitimately even trash the quality of it other than the printing itself. And I stand behind my opinion that it sounds like a knee-jerk reaction. but that's just my opinion.

I'm confused. What or who is RST?

RST is the original poster.

I did not say the designer was blaming Wal Mart, I said........"But to start blaming a nationwide chain right off the bat is silly." We don't know the circumstances, and maybe we may never get the whole story.
Making a comment about the knock off fabric not being up to snuff to line a bird cage was out of line. Not everyone can afford designer fabric, I know I can't. But, then again I don't go for that type of stuff. I for one think that bidcage liner looked pretty good.

Oops. Thanks.