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Web designer sues American Express, Digitas and Ogilvy

biz.yahoo.com — Web 2.0's David vs. Goliath. A web designer is suing advertising titans Ogilvy & Mather, Digitas and American Express claiming copyright infringement, trademark infringement, etc. Looks like they stole his website's design and trademarked concepts to develop Amex's "My Life, My Card'' campaign".

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  • Americruzan0, on 10/12/2007, -105/+7This guy is just fishing for money. I hope he loses and goes bankrupt on court fees
    • chris9902, on 10/12/2007, -6/+69what, did you even read it?

      I hope he wins. they stole his idea and didn't even give him a job. That is really cheap.

      I really really hope he wins.
    • noahhoward, on 10/12/2007, -6/+38A company steals his copyrighted work and ruins his image in his clients eyes and you think he is fishing for money?
    • cdinic, on 10/12/2007, -6/+23Are you kidding me? do you have any evidence to back up your silly comment? You act as if this has never happened before. It occurs frequently, and its devastating to the victims career. Go research the copyright battles over the eyeball character from Monsters Inc. and tell me that guy is fishing for cash.


    • thinkdifferent, on 10/12/2007, -8/+18Article says his trademark was on My Card, My Work in the reference of art design. The campaign for AMEX was My Life, My Card about a credit card. Trademarks are limited to categories for just this reason. Microsoft has a trademark on Windows just as it applies to operating systems and computer products. They certainly don't have rights to every use of the word, otherwise plenty of window shops would be in trouble.

      Looking at the two sites, www.mylifemycard.com and www.mycardmywork.com, about the only thing they have in common is they both use Flash, and have the words "My" & "card" on the page. Does the designer really believe he can have ownership of the idea of possesion as in my something? Also Amex had previous campaigns that involve The Card, does the designer want to take credit for that too?
    • ssanders, on 10/12/2007, -1/+4@cdinic: I agree that this guy might have gotten ripped off and may deserve money but I don't like your comparing it to monsters inc's problems. Sonoma drew something similar... but really... its a ball with an eye and arms and legs... I drew something exactly like that when I was young, as did my brother and even kids I work with at special-needs classes. Maybe it's because its such an easy design, but that "look" is not unique to Disney or Sonoma, so the lawsuit is pointless.
    • PAJK, on 10/12/2007, -7/+8@thinkdifferent:

      Did you read the article? They blatantly stole it from him, after he had sent them his resume containing the relevant work.

      It's like, oh for instance, me sending Apple Computers my resume, containing an advertising campaign for "Thinking Differently", and in that case, it being about...clothing.

      They don't give me the job, then months later start work on the "Think Different" campaign.
    • withears, on 10/12/2007, -4/+10Based upon the title and little bit of intro text, I thought he was fishing as well.

      But after reading the article and looking at his site (I've used the Amex site before, so I'm familiar with the design), I think this guy has a case.

      Best of luck to him.
    • david76, on 10/12/2007, -2/+5@pajk

      Being inspired by existing work (not that I think Ogilvy was inspired by his website to create the AmEx campaign), and copyright infringement are very different. In this case, the copyright infringement issue is exactly as thinkdifferent says. His claim is out of the scope of his copyright.

      "According to the Complaint, the defendants not only used a confusingly similar mark to Mr. O'Keefe's ``My Card, My Work'' trademark, but they copied significant copyrighted expression"

      That's a ridiculous contention. The whole concept of the campaign is different, as is the mark. It's not like he pitched an AmEx campaign with "My Life, My Card" he just sent in his resume & url.
    • ArcticCelt, on 10/12/2007, -1/+6I do normally tend to root for the small guy and if they stole from him I hope they lose but right now, I am trying to find similarities between the two web sites and honestly, apart for the two words “my card”, I cant find other similarities. Here are the two web sites, anyone see something that I don’t see?

      O’Keefe
      http://www.mycardmywork.com/

      Visa
      http://www.mylifemycard.com/
    • Hardcase, on 10/12/2007, -1/+3"My Life, My Card" and "My Card, My Work" are in some kind of handwritten font. That's about all that I can see that is similar to the two websites. OK, they both use Flash, but I don't think that really counts. I'm with the OP here - the guy is fishing for money, or at least he's got an attorney who is fishing. I just don't see the deal.

      EDIT: Whoops, now maybe I do - www.mylifemycard.ca. OK, maybe there's a case after all. Watch the Flash all the way through.
    • gmillerd, on 10/12/2007, -1/+1@chris, of course he didnt
    • ADIOlab, on 10/12/2007, -0/+2Well now that you point out the mylifemycard.ca site there is some similarities. Although I originally thought there weren't any accept just a coincidence. Its not surprising that big agencies look to young designers all over the world to stay fresh. It happens all of the time.

      nothing is original anymore, just some people capitalize on ideas faster than the other.
    • mindtrap, on 10/12/2007, -1/+1Wow. This is pretty damaging stuff.

      I sure hope that he wins. I'd hate to be in his shoes.
    • dustedotnet, on 10/12/2007, -0/+1Pathetic. How about you read an article before you go commenting on the brief summary of the Digg.

      Tard.

      I also hope he wins. :)
  • ghazalparvati, on 10/12/2007, -8/+2Big companies marketers running out of ideas, so they steal other's ones?
    A lesson to learn : copyright yours !
    • Scottish, on 10/12/2007, -1/+14Copyright is implicit.
    • el_jefe, on 10/12/2007, -4/+3Because copyright works? The MPAA and RIAA are having a tought time with enforcing copyrights, that in itself should show they evidently do not work as they should.

      I hope he wins. Because I hate to see artists have their work stolen.
    • ToeCheese, on 10/12/2007, -0/+1@el jefe:
      How is the RIAA having issues enforcing copyrights? If they catch someone stealing their materials they always win in court. (i.e. Vanilla Ice theft of Queen's (and Bowie's) Under Pressure signature bass line). The problem is the RIAA wants to quell all of it. They don't even want you to share your CD with someone. They keep lobbying Congress to make it legal to search your PC without a warrant. Of course, Ted "the Tubes" Stevens is all for this.
  • danshields, on 10/12/2007, -1/+6Well he deserves the money if they used his idea's to make the the concept, Just as if they hired him as a consultant on the project to develop this idea.
    • jgtg32a, on 10/12/2007, -3/+8Yes he does

      I checked out his site and the writing at the bottom is the same as from the commercial
    • Suchmann, on 10/12/2007, -9/+5It's HANDWRITTEN! Is that what you mean by "the same?"

      Can you copyright the act of writing things by hand?
    • Desslok, on 10/12/2007, -1/+3You're confusing copyright with trademark. The person has a registered trademark for that look, and appearance and brand names are definitely things you can trademark.
    • thinkdifferent, on 10/12/2007, -2/+3@dessiok

      You can only trademark within a category. His trademark is about art design, not credit cards. There is no way anyone could confuse the products either trademark is trying to sell.
    • Suchmann, on 10/12/2007, -0/+4My bad on the copyright / trademark confusion, but the comment still stands.

      I still think it's a bit of a stretch.
  • kidhero, on 10/12/2007, -3/+18Why is this web 2.0's david and goliath...

    American copyright protection occurs from whence content is created.

    God you people are so stupid.
    • danshields, on 10/12/2007, -8/+5Yeah no kidding wtf does this have to do with anything about the term web 2.0 lol
    • ArcticCelt, on 10/12/2007, -0/+8I think submiter wrote web 2.0 just to whore more diggs... and it worked :(
  • SnapETom, on 10/12/2007, -7/+6So he originally had "My Card, My Work" while AmEx has "My Life, My Card." That's a bit of a stretch, even if he did contact them.

    "a confusingly similar mark to Mr. O'Keefe's ``My Card, My Work'' trademark" If this guy was in the credit card business, I'd buy this. But he's not.
    • cmyke, on 10/12/2007, -15/+6I agree. This guy couldn't web design his way out of a paper bag. I will say this, though. This guy has every right to sue. I'm not sure what the copyright terms state, but he does have a case, simply because he contacted the advertising firm for a job. If they had no recollection of each other, it would be a hard case to argue.
    • noahhoward, on 10/12/2007, -3/+18"I agree. This guy couldn't web design his way out of a paper bag."

      Who the hell are you then? This guy is good, I expect whatever samples of your work that you intend to show to support your position to make me weep in absolute awe.
    • headzoo, on 10/12/2007, -2/+9"I agree. This guy couldn't web design his way out of a paper bag."

      I'm guessing that you didn't look at his client list. Apparently some top name companies out there disagree with you.
      I too will be waiting for examples of your work.
    • dmolsen, on 10/12/2007, -3/+6Is it that hard to look in cmyke's profile to see if they list a personal site? Voila!

      Site: http://karmcity.com/
      Portfolio: http://karmcity.com/?s=portfolio

      Looks pretty slick to me.
    • PAJK, on 10/12/2007, -2/+6Slick? LMAO. It's completely unoriginal, and uncomparable.
    • dmolsen, on 10/12/2007, -0/+1Well I know I couldn't design my way out of a paper bag so maybe I'm not one to judge on either person's design skills :)
    • lane.montgomery, on 10/12/2007, -0/+6Design is a matter of opinion.

      That being said, his site design does suck. It is way too busy and upon loading the page my attention was immediately drawn the the navigation on the top left. That is good, but it looks aweful being squeezed up in there. Second my attention was drawn to the large streak of ***** down the middle of the page. WTF? Also, take the border off the RSS image link. Who leaves a border on an image link anymore?

      To be fair, I prefer white space and minimalism, but I don't think I'm the only one.
    • cmyke, on 10/12/2007, -2/+2Okay, let's go through the timeline:

      1) I say this guy's site sucks.
      2) A bunch of people reply saying "Pff, let's see YOUR stuff then. You don't even post YOUR stuff."
      3) A guy is smart enough to view my profile, where my portfolio site is clearly displayed. He then links to it
      4) A bunch of people say MY site sucks.
      5) To you people I say, "Pff, let's see YOUR stuff then. You don't even post YOUR stuff."
    • noahhoward, on 10/12/2007, -0/+3Actually, now that I've seen it (not sure why you expected everyone to instantly think of your profile) your stuff is just as good, you are both on levels of design I've been trying to reach for a while. While I agree that your homepage isn't anythingspectacular, a lot of your other work is great, but I fail to see how you can turn around and bash this guys work when you are on about the same level with him.

      You stuck me as arrogoant regardless of your talent.
    • cmyke, on 10/12/2007, -1/+1Honestly, I wasn't trying to come across as arrogant. Reading my response again, I definitely did :(. I guess I woke up on the wrong side of the bed this morning. I'm not a *fan* of his work, how about that? I don't have to be a good designer (and I never claimed I was) to make that statement.

      Just as I'm not a fan of country music. I don't like it, but it doesn't mean I don't appreciate the amount of skill that goes into creating it. That's what I was trying to convey.
  • lucidmatt, on 10/12/2007, -2/+6I wish this guy the best of luck. However, as a longtime veteran of the web design business, I know that this type of stuff happens all the time, and there is very little recourse. While legally (and I'll throw in the obligatory IANAL), you have a copyright on a design once you fix it, it's extremely hard to inforce those copyrights. The best thing you can do is to take it as a form of flattery and move on.

    That being said, seriously, he's suffered irreperable harm from people associating him with an AMEX campaign? A clothespin on the nose for that type of BS.
    • cheech_sp, on 10/12/2007, -1/+8BS? The guy makes a living coming up with unique logos / catch phrases / graphics / business identification. If people think his own business name is a blatant copy why would they hire him?
  • cuddleparty, on 10/12/2007, -3/+7advertising is vicious. i don't doubt that they stole his idea. i'd sue the ***** out of 'em too if it were me. i'm pretty sure he's not just fishing for money. he'd be silly to do that, as it could possibly have an effect on his public image and hurt his business if these were trumped up charges. oh wait, it is already hurting his cred. which means he must be fairly passionate about it in order to risk his career.
  • chriskzoo, on 10/12/2007, -14/+4I wish this guy no luck.
  • dknighton, on 10/12/2007, -1/+11Having worked with Ogilvy & Mather before, it wouldn't suprise me if they were, in fact, stealing ideas from some poor schmuck.
  • medieval, on 10/12/2007, -1/+5I hope this guy isn't paying his lawyers by the hour.
  • scottylist, on 10/12/2007, -7/+2Where can I find Web 2.0 Development companies? It is almost impossible and Google offers no help. I've tried Elance without any real success. This is serious, I need one to develop a large project, and don't know who else to ask! Can any Diggers please help me find Web Development companies that specialize in Web 2.0/Ajax? Thanks guys!
    • zuggie, on 10/12/2007, -5/+0@scotty

      My company has some pretty talented web developers, I may be able to help you. Depends on what exactly you need, of course.

      E-mail me, g9kos1102 at sneakemail.com (throwaway address to prevent spam).

    • databasecowboy, on 10/12/2007, -0/+3Go to the source, Jesse James Garrett, the guy who coined the term. His company is

      http://www.adaptivepath.com/

      Check out 37Signals

      http://www.37signals.com/

      go to a web 2.0 seminar near you and see who's doing this in your neighborhood.
    • Skeuomorph, on 10/12/2007, -0/+3How large is a large project? And, if you're serious, it would make sense to provide a way for people to contact you, currently not specified in your profile.

      In any case, you should prequalify what you're seeking by sharing your need (what are you trying to have built), your budget (what you expect it to cost, or what you need it to earn), and your timeframe (real world or business plan milestone dates). And you should be able to be reached.

      // 250+ engineers and developers on staff, all web 2.0 specialists
    • scottylist, on 10/12/2007, -4/+1I can be contacted on looking4web2.0@gmail.com

      Thanks guys!
  • Grimdotdotdot, on 10/12/2007, -3/+10Christ, this poor guy, it sucks to see all his hard work ripped off by...
    Uh-oh, gotta go, my torrent of Pirates Of The Carrabian 2 has finished downloading.
  • databasecowboy, on 10/12/2007, -0/+9Isn't this what the advertising business is all about? It's one of the reasons I got out. Heck, at the end of my career, I even got ripped off by Crimestoppers in a similar manner.

    They had me do some comps for a billboard campaign. I gave them some quick stuff they didn't like. A few months later the billboards all over the Twin Cities were carrying my unpaid work. Even worse, I used captures from TV in place of models. After all, they were only comps. So CrimeStoppers not only stole from me, but used unlicensed photo stills from Melrose Place.

    I never pursued the case, (I should have called the crimestoppers hotline) but I hope this guy all the luck. He's going upstream on this one. Stealing is the bread and butter of the ad world. It would be nice to see a new precedent.
  • ncooley, on 10/12/2007, -0/+2Wow... I hope he offered to redesign his lawyer's web site in lieu of cash payment for legal services because their site really sucks...
  • mrdent, on 10/12/2007, -0/+2Sorry guys, but it's a bit of a stretch. Whooo Haaa for the underdog and all, but seriously, it's a BS suit even if they did rip some of his idea it's so very different, but it appears to me like this kind of thing could easily happen by accident. It'd be like suing someone for using green on black text in 1996;) The number of client's I've had that want the desktop (literal) and handwriting "personal" feel these days...
  • cdahlkvist, on 10/12/2007, -0/+3Not even similar.

    The sites are totally different unless he is suing because they used Flash.

    One is for business cards/design. The other is for credit.

    My Lawsuit. My God!
  • arkmtech, on 10/12/2007, -0/+3It seems that, unfortunately, the new business ethics in the marketing world are "cheat, lie, and steal."

    In high school journalism and again in college, we were often taught it was okay to copy others' ad designs if it got the job done, so long as we modified the designs enough to make them distinguishable from the original(s) - Reading this article makes me think that such practices now carry over into the "real world." :-(
  • elpipetuanis, on 10/12/2007, -0/+1Intel can sue anyone they want for having anything similar to their name so I hope this guy gets what he's deserved.
  • TheWriteJerry, on 10/12/2007, -0/+1O'Keefe I think can win if he shows damage due Amex's use of a similar confusing phrase. It's actually a simple causal string:

    1) O'Keefe sends his sample work to the ad agencies using the phrase in question.
    2) Ad agencies produce an ad with a similar phrasing.
    3) Potential clients tell O'Keefe that they are not using him because they think his work is dirivitive of the Amex campaign.

    #s 1 and 2 are not enough to win unless the case goes before a very friendly to the freelancer court.

    But he just has to produce one significant potential client who supports #3 and he shows that damage was caused. Amex and it's agencies can claim they didn't remember O'Keefe's work, but it's going to smell fishy.

    However, here's the reality: Amex and the agencies will crush O'Keefe in legal red tape. In fact, I'm betting they are willing to pay 10 times the amount of money to their lawyers to defend their reputations than they would if they just settled with the freelancer.
  • mrdesigner, on 10/12/2007, -3/+1Go get them!!!!!!

    www.mylifemycard.ca/

    www.mycardmywork.com

    they ripped you off!!!!!! SUE THEM!!!!!!!!!!!!!!!!!!!!!!!!!
    • orangetiki, on 10/12/2007, -0/+1I would say that he got his idea stolen. shame it happens all too often
  • MisterKen, on 10/12/2007, -1/+3Having worked at large agencies, I can say for a fact that it is very possible this happened. They may have seen his site (or even had is resume) and went 'hey, what about My Life. My Card' closely followed by 'lets go for it, what will he do about it?'.
    Then again, the phrasing is common and could have easily been arrived at by both people by different routes.

    This really brings up the topic of branding and the web.
    In effect, this guy established a brand mark for himself and had another company assume it (or variation therein). The web has leveled the playing field between a freelance creative and a large debt management company (that is both amazing and a bit scary). Both parties have their industries overlap in an interesting way: his services are creative by nature and the large companies use of his branding called into question the quality of his services.

    If the suit is valid, I think it will cause an interesting rumble. And if it causes large companies to hold their agencies accountable for the large amounts of cash they pay for these 'original' & 'creative' campaigns, that can only be a good thing.
    • redrighthand, on 10/12/2007, -0/+1Chances are his resume was seen by one or two people and somewhere down the road they blurted out the phrase and everyone thought them genius. Now it's coming back to bite them in the wallet because they didn't simply hire him then take his idea.
  • undermine, on 10/12/2007, -2/+1weak IMO. Not even close.
  • redrighthand, on 10/12/2007, -1/+3He may have a case but I think Amex will shoo him away with a settlement because they won't want to trash their investment in the ad campaign.
  • cadavreexquis, on 10/12/2007, -0/+2I don't care if he has a case, I hope he wins and takes their last penny, particularly Ogilvy's. I had the great misfortune of dealing with them when our idiot marketing director commissioned them to produce a homepage redesign for our company. They got paid $250,000 for 1 PSD file that nobody liked. And they took a year to do it.

    That's right, quarter of a mil for a photoshop mockup of a single page.
    • redrighthand, on 10/12/2007, -0/+1That's the price you pay for saying you got to work with "Ogilvy" lucky frickin you!
  • AssultMonkey, on 10/12/2007, -1/+2I guess I will post the mandatory "This article is useless without pictures" comment then. :)
  • gregpc, on 10/12/2007, -1/+1What was posted isn't an article. It is a press release that was issued by his attorney. I'd hardly say that it presents an objective view of the situation.
    • cocoriffic1, on 10/12/2007, -0/+0Do your research, check the sources, media etc before you peck away at the keyboard in a half assed attempt to make a stand (on one leg).
  • tazamore, on 10/12/2007, -0/+1Even though this guy has a very weak case this will be settled out of court.
  • sansbury, on 10/12/2007, -0/+1FWIW, this is why no respectable VC will listen to anyone who wants them to sign an NDA first, and why many TV/movie studios publicly state that they do not accept unsolicited submissions of any kind from the general public. They don't want someone to send a s*****y half-baked idea to them and a year later get sued because they do something similar.

    Imagine this battle was the other way around--would you be taking Amex's side?
    • lysdexia, on 10/12/2007, -0/+0Doing something similar is one thing - plagiarising is another. Finalising a 'half-baked' idea is an extension of plagiarisation and if corps use individuals work then they should pay for them.

      They wouldn't expect to get - say - printing or plumbing services for free, so why design?
  • neozeed, on 10/12/2007, -0/+1If he was employed by American Express their contracts take tottal ownership of everything you do, even at home. Im not sure about the contractor one, but I bet they take ownership of everything American Express & CC related. But Im speculating on #2.

    Although the wages are low, its a good company to work for. It certinaly did have that brand name recoginition.

    PS AESC-F rules!
  • jflint, on 10/12/2007, -0/+1AMEX site (mylifemycard.ca) is dead. Anyone got a screenshot or a cache of it?
  • blancodisco, on 10/12/2007, -0/+0umm...

    just hit http://mylifemycard.com

    to view the current incarnation of the mylifemycard site that is constantly evolving.


  • cocoriffic1, on 10/12/2007, -0/+1Plagiarism is the representation of someone else's ideas, words, of artistic, scientific, or technical work as ones own creation. Using ideas or work of another is permissible only when the original author is identified. Paraphrasing and summarizing, as well as direct quotations, require citations to the original source. Plagiarism may be 'intentional or unintentional. Lack of dishonest intent does not necessarily absolve from responsibility.
    Failing to recognize the difference between the original work of Mr. O'Keefe and 'artistic restatements of the ideas of others' as proven from his submission for employment clearly displays a lack of creativity by Ogilvy & Mathers. Not to be overshadowed by their blatant disregard for his career, artistic talent refined from years experience & hard work; plagiarism is unethical in any context, especially so in college, where the development of personal integrity and original thinking are the primary goals. Corporate America is no exception. The accurate and honest communication of ideas is fundamental, not one individual employed by these corporations has a college degree?? That's simply inconceivable.
    Mr. O'Keefe's legal claims are 100% plausible & defendable, despite the 'programmed response" by spokeswoman Judy Tenzer - who is just that...A SPOKESWOMAN for Amex, not legal counsel. The conscience-stricken Ogilvy & Mathers (Advertising Agency for Amex) deferred comment. Looks, sounds quacks like one....

    Cheers to the entrepreneur for standing up for himself!!


  • plasmadis, on 10/12/2007, -0/+0More examples:

    Taco Bell's ad agency rips off two guys' Chihuahua idea. The guys win.
    http://www.usatoday.com/money/industries/food/2003-06-04-taco-bell-lawsuit_x.htm

    More recently, McDonalds' ad agency rips off a live action Super Mario performance from a college talent show.
    http://www.joystiq.com/2006/09/09/mcdonalds-rips-off-gordon-college-mario-show/

    So, someone pays an ad agency hundreds of thousands to use their creative skills and expertise to come up with a slick and compelling idea to promote your business, and they...go through their rejected submissions, and do some googling on the internet?

    Is this all I need to do to start an ad agency these days? Wow, how do I get started?
  • Sippi, on 10/12/2007, -0/+1http://youthoughtwewouldntnotice.com/blog3/
  • mrdesigner, on 10/12/2007, -0/+0@ cmyke
    I did a little research on this guy (Thomas Okeefe)....and he's on a lot of design sites. I must say he's done some nice work. For you "cmyke" to say ANYTHING you should think twice. Your work BLOWS compaired to his. I think anyone who looks at your work and his will come to teh same conclusion. Is Okeefe the best thing out? NO NOT AT ALL!

    He's on this site as well as HowDesign, LogoPond, Tribe.net.
    Porfolio: http://www.designerid.com/tomokeefe

    This is your CRAPPY SITE.
    Portfolio: http://karmcity.com/?s=portfolio

    You have to be joking me right? You're bashing this guys work? I really hope Okeefe wins. Like i said before its about time a designer sticks of for his creativity.

  • holyhotness, on 10/12/2007, -0/+0ohsnap! CMKYE shouldn't talk.

    he's on this site as well.

    http://www.creativehotlist.com/tokeefe
    He gets my supoprt. I'm not a lawyer but it seems pretty clear that he has a case.
  • rewqas, on 10/18/2007, -0/+1http://american-express-gift-cards.blogspot.com/
  •  

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