This story is currently making headlines in South Africa, with
well-known and beloved local brand, Poetry, embroiled in a growing
controversy over alleged design imitation and intellectual property
infringement
Background
Earlier this year, Cape Town jewellery designer Anna Rosholt was
alerted by a customer that a charm sold by Poetry looked remarkably
similar to her 2023 design — the Baobab Hoop Charm. Inspired
by the baobab tree, it featured a heavy-bottomed shape and
distinctive colour tones. Poetry removed the charm, and Rosholt
even suggested a potential collaboration.
But months later, Rosholt was contacted again. This time, three
more charms — the Bushbaby Stack Charm, Juicy Gem Charm, and
Tiny Bee Charm — appeared in Poetry's stores, again
bearing a close resemblance to her designs.
Visual Test
I used a comparison tool I've developed to compare
Rosholt's Baobab Hoop design with the Poetry version. The tool,
which combines various computation techniques, returned a
similarity score of 0.7847. That's very high, especially
considering the multiple feature domains analysed. It strongly
suggests not just thematic overlap, but substantial visual
similarity — enough to support concerns of copying.
The Dispute
Poetry removed the new charms and issued an apology, blaming a
"breakdown in internal processes" for mistakenly
reintroducing a cancelled supplier order. They also claimed to have
offered commissions — a claim Rosholt rejected, calling it
"a blatant lie."
She emphasised that it wasn't just about common themes (bees
and gems), but the actual visual expression — the core of
copyright law.
How could Anna have protected her IP?
To protect her designs, Rosholt could (these are just a few
examples):
- Date and archive her original sketches (and other related materials) and clearly mark them as "© Anna Rosholt".
- Register her jewellery designs as aesthetic designs in South Africa. Design registration offers up to 15 years of protection — a simple but powerful tool for any creative.
This is a valuable reminder of how IP rights can support and empower independent designers.
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