And just this week, the Swedish fast-fashion brand entered into a curious copyright battle with artist Revok—though it's one they appear to have already lost. HM's latest legal tango started when Revok, a.k.a. Jason Williams, sent HM a cease-and-desist letter after one of his murals appeared in an ad for the brand's New Routine line of workout gear. In the letter, Revok called the ad grounds for copyright infringement as it was “unauthorized use of his original artwork." Additionally, the letter stated that the ad "is likely to cause consumers familiar with his work to believe there is a relationship between the parties." HM has been in the news for copyright infringement before—up-and-coming designers have on a few occasions accused the label of creating garments a bit too similar to their original designs. In this case, Revok simply doesn't want people who saw the ad to think that he created the mural for HM. In response, HM filed a federal lawsuit asking the court to declare that Williams had no copyright to assert—and here's where things get wild—because his mural was created illegally, like most graffiti. "The entitlement to copyright protection is a privilege under federal law that does not extend to illegally created works," the brand stated in a letter to Williams and his lawyer. As news of the lawsuit spread, several artists started up a new campaign to boycott HM. Even Kaws, a world-famous graffiti artist turned sneaker-designing superstar (who happens to have a collaboration with HM competitor Uniqlo), drew a picture of a headstone that read "R.I.P. HM" and posted it to Instagram. Though HM continues to be one of the most popular retailers for folks looking to buy the hottest of-the-moment trends for less, the brand keeps finding itself in hot water. Back in January, it released a children's sweatshirt that was lampooned for its offensive racial overtones, leading to a series of apologies and The Weeknd, who had an ongoing partnership with the brand, severing his ties. And just this week, the Swedish fast-fashion brand entered into a curious copyright battle with artist Revok—though it's one they appear to have already lost.
HM's latest legal tango started when Revok, a.k.a. Jason Williams, sent HM a cease-and-desist letter after one of his murals appeared in an ad for the brand's New Routine line of workout gear. In the letter, Revok called the ad grounds for copyright infringement as it was “unauthorized use of his original artwork." Additionally, the letter stated that the ad "is likely to cause consumers familiar with his work to believe there is a relationship between the parties." HM has been in the news for copyright infringement before—up-and-coming designers have on a few occasions accused the label of creating garments a bit too similar to their original designs. In this case, Revok simply doesn't want people who saw the ad to think that he created the mural for HM.
In response, HM filed a federal lawsuit asking the court to declare that Williams had no copyright to assert—and here's where things get wild—because his mural was created illegally, like most graffiti. "The entitlement to copyright protection is a privilege under federal law that does not extend to illegally created works," the brand stated in a letter to Williams and his lawyer. As news of the lawsuit spread, several artists started up a new campaign to boycott HM. Even Kaws, a world-famous graffiti artist turned sneaker-designing superstar (who happens to have a collaboration with HM competitor Uniqlo), drew a picture of a headstone that read "R.I.P. HM" and posted it to Instagram.
It seems the boycott worked. HM withdrew its lawsuit, and in a statement walked back its original claims about the validity of graffiti. "HM respects the creativity and uniqueness of artists, no matter the medium. We should have acted differently in our approach to this matter. It was never our intention to set a precedent concerning public art or to influence the debate on the legality of street art," the company said.It's never a good sign when a brand is on the receiving end of two boycotts in one year, let alone inside of three months. And the company has troubles deeper than the public might realize: In late January, HM announced plans to close 170 stores in 2018, though it is also opening 390 new ones. (Compare that to 91 closings and 479 openings in 2017.) And since December, the brand's stock price has fallen from about $21 to $16. Frustratingly, all this is happening as HM's clothing is moving in a strong direction, especially with sub-brands like COS, Arket, and HM Studio. But their marketing missteps, at least for now, continue to get in the way.
Update: Like many, we assumed that HM's statement implied the lawsuit was being dropped, but now this appears to not be the case. According to Juxtapoz, which spoke with Revok's attorney Jeff Gluck, it's still very much on. "This evening I spoke with counsel for HM. They informed me that they are NOT in fact dismissing the lawsuit," said Gluck. We'll update you as more is learned.