A Manhattan mom says a popular children's clothing chain took advantage of her young daughter by swiping the second-grader's winning T-shirt contest design.
Ellen Solovsky slapped retailer LittleMissMatched with a Manhattan federal court lawsuit on Tuesday, claiming the company used her daughter's design on a host of its own products after the image won an elementary-school design contest.
The family claims that, starting with T-shirts, LittleMissMatched emblazoned leggings, long sleeve shirts, headphones, hoodies and even underwear with the girl's creation — a smiley face on the front with the word "Hi" and a frown face on the back with the word "Bye."
The suit alleges that the company relied on her daughter's lack of knowledge of copyright laws to cheat her out of profits from the design, which she made in October 2011 as a school project for a LittleMissMatched-sponsored contest at PS 116.
Children at the school were asked to sign away their rights, the filing alleges — and all her daughter won was a $100 gift card and five T-shirts.
"[Little]MissMatched knew or should have known that elementary-school students would not understand the meaning of the copyright provision of the submission form," the suit says.
Although Solovsky also signed the submission form, her lawyer, William Dunnegan, said it doesn't matter.
Because it was Solovsky's daughter who designed the catchy logo, the lawyer said, the child "owns its copyright" and it doesn't matter that Solovsky might not have read the fine print.
LittleMissMatched announced the child was one of two winning "student designers" at the school in February 2012.
Dunnegan said he was unaware how many LittleMissMatched items with the smiley-face "hi/bye" design have been sold at stores and on the Internet, or how much the company and affiliates have profited off it.
Reps for LittleMissMatched did not immediately return messages seeking comment.
Solovsky is seeking unspecified back profits on behalf of her daughter.
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