February 13th 2024.
In a recent Facebook Live stream on February 8, Urban Intellectuals Founder and CEO Freddie Taylor made a serious accusation against JCPenney. Taylor claimed that the retail giant may have committed copyright infringement with their latest line of shirts. According to a report by Black News, the issue revolves around the use of the phrase "Making My Ancestors Proud One Dream At A Time" on JCPenney's shirts, which bears a striking resemblance to Urban Intellectuals' trademarked slogan, "Busy Making My Ancestors Proud."
During the Live video, Taylor expressed his frustration, stating that this is not just about a slogan on a t-shirt. It is a much larger issue of the systemic disregard for the intellectual property of small, Black-owned businesses. He explained that Urban Intellectuals has worked hard to build a brand that not only uplifts the community but also educates them. To see their hard work being used without any acknowledgment or respect is not only infuriating but also disheartening.
Taylor went on to say that while JCPenney may claim to be giving back to the community, how can they do so by taking from the very community they are supposed to be supporting? He called out their actions as exploitation disguised as charity. This accusation highlights a prevalent practice in the fashion and retail industry, where bigger, more popular brands or celebrities often take inspiration from or outright steal the work of smaller, Black-owned businesses or creators.
This is not the first time JCPenney has been accused of copyright infringement. In 2016, luxury brand Burberry sued the retail company for selling jackets and scarves that they claimed infringed on their copyrighted "Burberry check" pattern. According to Reuters, this is a common scenario in the fashion world, as many luxury brands fear losing sales, customer loyalty, and damaging their reputation.
Another lawsuit against JCPenney was filed in 2022 by Duluth Trading Co. for describing one of their products as a "longtail" t-shirt. Duluth claimed that this violated their copyright and was an act of unfair competition. As reported by the Milwaukee Journal-Sentinel, in 2011, Duluth had sent a letter to JCPenney explaining their concerns, stating that the use of their trademarked "LONGTAIL T" on a similar product was likely to cause confusion and deceive the public. However, JCPenney continued to market their shirts as "long tail tee shirts" despite the complaint.
This is not the first time JCPenney has faced criticism for their business practices. In fact, their latest collection with the theme of Black History Month, called "Hope & Wonder," has been met with skepticism and backlash. Many are questioning the sincerity of their efforts and accusing them of using the occasion for profit and publicity.
Taylor's accusation against JCPenney serves as a reminder that the fashion and retail industry still has a long way to go in terms of acknowledging and respecting the work of small, Black-owned businesses. It also sheds light on the importance of protecting intellectual property and the impact of exploitation on these businesses.
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