Hands and Sharing are two book and gift shops located about 500 metres apart on King Street’s busy shopping strip. Recently, Sharing has come under fire for allegedly copying Hands’ design elements, particularly their use of the color green. However, the employee at Sharing defended the store, stating that they have a different name and that many gift shops use the same designers for products. Sharing claimed they were not aware of Hands before opening their store and that they were open to making changes if needed.
Sharing operates under both a company name and a branding name, but denies that this has caused any confusion for suppliers. Despite receiving criticism and accusations from Hands, Sharing expressed feeling insulted and described the situation as “very sad”. Sharing took to Instagram to post a rebuttal to Hands, emphasizing the differences in design between the two stores. Luckman, the owner of Hands, rejected Sharing’s assertions but stated that he would not be pursuing the matter further as long as customers were aware that they were not the same business.
According to Andrew Terry, a University of Sydney professor of business regulation, small businesses have limited legal protection in instances like these. The only way to gain proprietorship is through a registered trademark, which may not have been applicable in this case. Terry explained that any legal remedy would have to show misleading or deceptive conduct or the common law tort of passing off, which does not seem to be the case with the gift shops on King Street. Overall, Terry suggested that trademarking the name of the shop could have potentially prevented this situation from arising.
The dispute between Hands and Sharing raises questions about originality and intellectual property rights among small businesses. While Sharing claims innocence in the matter and willingness to make changes if necessary, Hands feels that their design elements have been copied. Luckman’s decision not to pursue the matter further reflects the challenges that small businesses face in protecting their intellectual property. However, the fact that this issue has garnered attention on social media highlights the importance of transparency and distinguishing between businesses to avoid confusion among customers.
As both gift shops navigate this controversy, it serves as a reminder for small businesses to be mindful of their branding and design choices. While legal protections may be limited, establishing a unique identity through trademarks and consistently differentiating oneself from competitors can help mitigate the risk of disputes like the one between Hands and Sharing. Ultimately, the resolution of this conflict will depend on the willingness of the parties involved to communicate openly and address any concerns in a fair and respectful manner. In the rapidly evolving world of small business, maintaining originality and protecting intellectual property rights will continue to be key considerations for entrepreneurs.
