MAD IN THE MOTOR CITY
Angry Detroit designer takes Toronto fashion group to task in ‘Detroit Vs. Everybody’ copyright fight,
Technically the slogan is “Detroit vs. Everybody.” But in this case, it’s really “versus” Toronto.
In a cross-border fashion spat over the defiant civic pride motto, a designer from the Motor City has accused an upstart Toronto company of stealing his “Detroit vs. Everybody” idea by starting its own clothing line featuring sweaters and Tshirts emblazoned with “Toronto vs. Everybody.”
You may have seen them. They are being sold online and at nine retailers in the city. They were also sported by several prominent Blue Jays during the team’s recently snuffed-out playoff run.
A lawyer from each side told the Star on Wednesday that they are working on an “amicable” solution, but declined to elaborate. No deal had been reached on Friday.
Earlier, DeadlineDetroit.com published an article on the dispute, in which Detroit vs. Everybody creator Tommey Walker Jr. claims he’s been in a lengthy “battle” with Peace Collective, the company selling “Toronto vs. Everybody” clothing in Canada.
“I don’t understand how they can do that,” he was quoted as saying. “They’re not giving me any credit. They act like they came up with it.”
Phone calls and messages to the Detroit company and Walker went unanswered this week. Walker’s lawyer, Joseph A. Bellanca, declined an interview on behalf of his client.
According to his company’s website, Walker launched Detroit vs. Everybody in 2012, and claims he was the first to “to inspire his city with the ‘vs. Everybody’ message.” One of his sweaters later appeared on an episode of the Colbert Report show, and the brand has been worn by celebrities including Rick Ross, Nas and Keith Urban. There’s also an Eminem song of the same name that came out last year.
Walker’s website also acknowledg- es that many other cities have their own “vs. Everybody” slogans, but claims he and his company are “the leaders and originators of the brand.”
The slogan “Detroit vs. Everybody” was registered as a trademark under Walker’s name in the United States in October 2013. He also registered the term “Everybody Vs.,” “Vs. Everybody” and “Vs. Errbody,” according to the United States Patent and Trademark Office.
In an interview with the Star, Peace Collective founder Yanel Dhailieh said he decided to put “Toronto vs. Everybody” on shirts during the Raptors’ playoff run in 2014. He said he did a lot of research, and was aware that others were selling similar clothing in other cities.
Dhailieh registered “Toronto VS Everybody” as a trademark with the Canadian Intellectual Property Office in July 2014.
“I thought it was just a cool way to represent the city for Toronto,” said Dhailieh, 25. “I looked if there were any trademarks, any reasons why we couldn’t do it; I didn’t find any and I registered it. I didn’t know it was anybody’s idea, that anybody came up with it and I did my due diligence.
“To us it was always just about summing up how the Toronto sports teams felt, whether it was the Raptors or the Blue Jays. A lot of times we’re the only Canadian marketplace when it comes down to it, and that” — Toronto vs. Everybody — “was kind of the feeling in the city,” he said.
According to Dhailieh’s lawyer Maureen McKay — who, in a Torontonian flourish, happens to have been an actress on Degrassi — her client has the right to sell the clothes in Canada, and doesn’t ship any online sales to American addresses.
McKay said the company received a cease-and-desist letter from Walker on Sept. 4. She responded in writing two weeks later: “All rights in and to the use of the trademark ‘TORONTO VS EVERYBODY’ in association with wearable garments and clothing including shirts, sweaters, jackets and hats within Canada are reserved and Mr. Dhailieh will strictly enforce the same.”
McKay said she received no response and considered the matter resolved. After reading the Deadline- Detroit.com article on Wednesday, she said she believes Walker’s statements are “quite defamatory.” Dhailieh said he’d like an apology. “I was pretty shocked and thrown off by it, because we’ve done everything by the letter and to the rule,” he said. “We’re not looking to go sell it around the world, we just wanted to create this little, cool thing for Toronto.” He added that Peace Collective sells other clothes such as sweaters that say “Home is Toronto,” “Canadian Built” and “Canadian as F---.”
He said about $4 from every sale is donated to Breakfast for Learning, a charity that funds nutrition programs for schoolchildren.