NEW BERLIN, Wis. — Crystal Cox enjoys the peaceful process of creating art. She spends most of her days in her studio, quietly crafting for hours to bring a vision to life. But what happened after she created this design spooked her.
Watch: New Berlin artist fights major retailer over 'Spooky Scoops' Halloween design
"I went through like, every emotion in like, a minute flat, you know, it was like, shock, denial, anger, a strange sense of like, oh! But then no," said Cox.
Cox turned art into her career and started Spookshow Babe Designs in 2017.
She created the print "Spooky Scoops" and posted it on her Instagram in 2023. Two years later, friends and fans began sending her photos of a 3D version of the design being sold at TJ Maxx, Marshalls, and international stores like TK Maxx and Homesense — all owned by TJX Companies.
"Everything that I make and create, I'm putting a piece of myself into that, that's my idea, that's my vision. It's how I see the world," Cox said. "So, when you have someone just kind of trample over it like that. It hurts. It genuinely hurts... It just kinda makes me feel small."
The discovery came during an already difficult time for Cox. Her father was losing his battle with cancer. Cox calls him the "cool dad" who pushed her to fight for her rights as an artist.
"He was as angry as I was, and he encouraged me to fight it," Cox said.
That’s exactly what she’s doing. Cox sought help from Justice for Artists, a zero-cost litigation company that connects artists with lawyers for copyright infringement cases. Owner Daniel Lachman said cases like Cox's are common.
"We only pursue cases that we know we're going to win," Lachman said.
The company has helped other artists settle similar cases, including Millie Sewell Knight, who settled with Urban Outfitters for using her designs, Rachel Pfeffer, who settled with Claire's for a counterfeit hair clip design, and Scott Radke, who received a settlement from Amazon Marketplace for a counterfeit of his sculpture.
By law, Cox became the copyright owner as soon as she created her "Spooky Scoops" design. However, she did not register the copyright through the U.S. Copyright Office until this year.
"In Crystal's case, she copyrighted her art after the infringement took place. So she's going to only be entitled to total profits that were garnered during the sale," Lachman said.
Registering artwork offers artists the ability to sue for copyright infringement in federal court.
When contacted for comment, TJX Companies said they were in contact with the artist’s attorney but would not speak publicly on the matter.
Cox hopes her case will serve as a warning to other companies and an education for fellow artists.
"I want artists to understand that this is something that could happen to them. I want them to know how to protect their art. I want these companies to be held accountable," Cox said.
"I think a lot of these companies want these smaller artists to just go away, to just feel like, what are you going to do? We need to start stepping up and saying, Stop. You got to stop doing this," Cox said.
Cox is finding a new voice and fighting the battle her father wanted.
"I know he's rooting for me still," Cox said of her late father.
Cox's attorney said the two parties are still negotiating with no resolution yet. No lawsuit has been filed, and it could be months before Cox receives answers or compensation.
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