Y lighting 1
11-Mar-09
Heller sues DWR for bellini chair knock-off
heller has filed a law suit against design within reach for trademark infringement for the bellini chair. (see linked article)

see images of bellini chair and image of "alonzo chair" , the knock-off.

DWR has no shame evidently.


http://www.schwimmerlegal.com/2009/03/heller_v_design.html
posted by chewbacca rug
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11-Mar-09
DWR is....

just going back to their roots.

Maybe they'll bring back their original (or not so original) "Mies Pavillion Chair", the chair they said was just as good as Knoll.... that is, until they finally got a Knoll account.





posted by the_beloved (US/CAN)
edited on 11-Mar-09 01:36 AM  [edit]
 
11-Mar-09
Hmm
That's odd since I believe DWR was selling the Selene chair by Heller recently.
posted by woodywood (USA)
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11-Mar-09
posted by chewbacca rug
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11-Mar-09
Hrrmm...
Saw this chair in the new catalog and wondered about this. I assumed DWR had made arrangements with Bellini since they are so gung-ho about originality and authentic design. Hrmm...sad.
posted by LuciferSum (USA)
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11-Mar-09
Didn't DWR use to sell this chair?
I was at a local DWR looking at their floor samples on clearance and they were selling the showroom bellini chair. Weird.
posted by lotus
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11-Mar-09
I wonder
I'm not defending their actions, in fact, I'm rather sad to see it happen. I'm am, however, objectively curious about how much water this will hold. I just looked at the DWR website entry for the "Alonzo" chair. They don't make any claim that the new chair is by Bellini nor did they keep the chair exactly the same in shape. To me this seems reminiscent of the lawsuit Emeco brought against Target a few years back.

In the Emeco case Target was producing a chair that was the same shape as the Navy chair. Target was forced to modify the chair design and to remove any trace of relationship between the two companies. It seems like DWR has preempted such action by modifying the chair design before releasing it. Am I missing something that would make this case different?
posted by LuciferSum (USA)
edited on 11-Mar-09 03:33 AM  [edit]
 
11-Mar-09
I have a feeling...
It has to do with "bad blood". Seems like DWR used to sell Heller products, but no longer. And then they went and produced a similar chair on their own. So yeah, I'm not sure if it will hold up either.
posted by woodywood (USA)
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14-Mar-09
Pathetic
I guess there goes their tagline "THE source for licensed classics" or something like that. Sounds like they want to race to the bottom of cheap knock off furniture like Room and Board, instead of aspiring to be a great, unique brand. There are so many young designers out there they could get cheaper products from if that's their goal. Nothing wrong with making more money, but try having some dignity.
posted by modernfan
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24-Mar-09
bellini chair
There was a manufacturing issue with the Bellini chair. The origin mold was changed about 2 summers ago which led to an inferior product. I personally know of a University who returned over 200 chairs because 3 legs touched the floor but the 4th leg didn't. DWR does not want to be cheap and sell knock offs. They just want a good product and unfortunately the original mold was not available for use. Thats my two cents
posted by mimi11
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25-Mar-09
indefensible........

it seems like the prior post was rationalizing and justifying the actions of DWR making a counterfeit bellini chair. there is NEVER a good reason to knock something off EVER and if you do nock something off, you are WRONG every time.

go to DWR's website and type in "bellini" in the search field and see what happens. shameful.

its time for DWR to either sell, file chapter 11 or go away. this long drawn out demise is getting old.
posted by chewbacca rug
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25-Mar-09
wow, that's telling--
from the site: "A cutout on the back makes this lightweight chair easy to pick up and move..."

What an innovation! bellini's original, at a hefty 7.5 pounds, was surely fatally compromised by the lack of such a cutout; no doubt hapless purchasers were forced to leave bellini chairs precisely where the burly delivery men had deposited them upon arrival, leading to decorating frustration, social embarassment and other mishaps--thank goodness DWR has solved this terrible design flaw!
posted by VinnyV
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25-Mar-09
felt daschund anyone ??!!??

okay, that will be an eames lounge, an aalto vase, a noguchi stool.... oh, would you like a felt daschund with that ????

GOOD GRIEF !

http://www.dwr.com/product/sale/clearance/felt-daschund-bass...
posted by chewbacca rug
edited on 25-Mar-09 05:53 PM  [edit]
 
01-Apr-09
un-abashed......

just received an e-mail newsletter featuring the knock-off.
http://news.dwr.com/archive/9z1zjmvtk5v4jq8bsqu2o9ulcci2i18g...
posted by chewbacca rug
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02-Apr-09
interesting new web article about this case.....

"through the continuous promotion and sale of the Bellini Chair, the design has become associated with Heller as the sole manufacturer and thus it argues that the design of the chair has attained secondary meaning among the trade and public as being identified exclusively with Heller Incorporated. Because of this, Heller is concerned their reputation concerning the Bellini Chair may be at stake."
http://www.intellectulawblog.com/tp-070924072702/post-09032l...
posted by chewbacca rug
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02-Apr-09
Still think...
It's a stretch.
posted by woodywood (USA)
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02-Apr-09
a stretch......
from a strictly legal perspective, or you do not consider the Alonzo a knock-off ?
posted by chewbacca rug
edited on 02-Apr-09 07:28 PM  [edit]
 
02-Apr-09
From a legal argument perspective.
The DWR product is obviously a derivative of the Heller. But how many knock-off lawsuits have actually been "successful"? Not many, if I recall correctly. Heller is probably trying to go after DWR since they are a big name retailer, rather than some random website selling Chinese bootlegs.
posted by woodywood (USA)
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03-Apr-09
I honestly
Like it or not (and I dont) - I honestly think DWR is in the clear here. The chair is thrice removed from the Heller chair: It is a different shape, a different material, and a different name. There is no inference from DWR that the chair is related to, or derived from Hellers Bellini. (Clearly the chair IS derived - but DWR isn't overtly trying to bait and switch: there is no mention of Bellini or Heller on the chairs homepage)

posted by LuciferSum (USA)
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03-Apr-09
different material and shape ?

the shape is exactly the same except for the negative space cut out at the lower back. what material is it ? what does heller use for material ?
posted by chewbacca rug
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03-Apr-09
heller should get even !

by knocking off DWR's felt daschund....... that will really get 'em where it hurts !
posted by chewbacca rug
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07-Apr-09
DWR deserves to go down
Come on folks. This would be an interesting discussion -- if it were Target. I've heard of the quality issues too. Simple answer: stop carrying the chair. If DWR drilled a round hole on the bottom of an Eames chair, added an extra layer of wood veneer and called it the the Meames chair, I guess some schlub would buy it if they charged 20% less than the original. It's still dead wrong. DWR purports to be something different from Target. They absolutely knocked off the Composo D'Oro winning Bellini chair. Any design person can see that. Mario gets nothing. Heller gets nothing. They worked YEARS on that design. DWR could never actually design something so perfect. They ripped it off. DWR is heading towards Pottery Barn status. It's a silly business model with the "retail stores" anyway. Bye bye. I will NEVER shop there again. Ever. Ironic note: Alan Heller helped fund the original DWR back in the Rob Forbes days. What a pity.
posted by ChairMain
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