An urbane, reasoned one, but nonetheless...
If you aren't up on NYC design drama, last week, in what one would hope is a publicity stunt and not a self-serious act of protest, Quirky, an invention-development company, put up a billboard and gathered a crowd to draw attention to the similarities between a product they brought to market in 2009 and one OXO, the housewares company, did recently.
Here is the PDF of their response: OXO FINAL Response
Hyperbolic headline aside, what do you design-types think? Tell us in the comments!

Comments
I'd say this is a pretty arrogant publicity stunt on Quirky's behalf. Things get made, and re-made every day in the design world. OXO's product is different (enough), plus hey Quirky, you didn't invent cleaning a broom.
lots of respect to Smart & OXO - very classy response.
judging by quirky's resppnse to OXO's response, I start to wonder where Ben is coming from.
First of all, I think jamesking from the forums is the most qualified person to comment on this.
As someone who previously publicly accused another firm of biting my work, I'd say the best thing for Quirky to do here is pull on the big girl panties and get back to work.
Quite ballsy of Quirky to get into a pissing match with Smart/OXO, one of the groups that made well-designed housewares a 'thing'. They got owned, rightfully so.
Maybe Addison F. Kelley's family should be posting a billboard.
+1 on slippyfish's comment, where is jamesking when you need him?
To continue reading more on this corporate drama Quirky posted a lame response to OXO's response on their site.
I live in Spain... There's a local company that makes this:
http://www.lekue.es/en/citrus-spray-3400115
and Quirky makes this:
http://www.quirky.com/products/187-stem-citrus-fruit-juice-sprayer
who was the first??
I could see this as being the result of a few strategies by Quirky.
This could be a brilliant PR move. They are now being mentioned in the same sentences as one of the most influential firms in the industry. Doing this is a huge risk that could have huge rewards if the story gets picked up by the media.
Of course, it could also be a poorly concieved, potentially immature, gut reaction towards feeling like Quirky got ripped off.
If that is the case, I would put this in the same realm many of the Core77 posters over the years who feel they have been ripped off. A recent discussion about a clear keyboard comes to mind.
Quirky's response to being one upped by OXO makes me think the former may be the case, but we will never know.
There is a fine line to walk when claiming someone ripped you off. If you cross it, as I belive Quirky has done here, you risk becoming the"bad guy" very quickly.
http://www.lekue.es/en/citrus-spray-3400115
http://sell.lulusoso.com/selling-leads/686926/rubber-band-with-Hook.html
http://www.bluelounge.com/products/cabledrop/
http://www.yolkr.com/
http://www.yankodesign.com/2009/03/12/who-moved-my-cheese/
Is Quirky going to pick fights with everyone?
This is ridiculous. Such an immature way to deal with that kind of issue.
I can bet, as OXO points out in their response, that Quirky has tons of products that have already been patented or been seen somewhere in the world already and they probably know it but just play blind. Their business model after all is not to invent anything but just to make "inventor's" ideas a reality. Do they actually do some intense patent research before they start working on a new idea?
This seems really hypocritical to me...
"There is a fine line to walk when claiming someone ripped you off. If you cross it, as I belive Quirky has done here, you risk becoming the"bad guy" very quickly."
Agree.
And to what end? What are they trying to accomplish or prove? Saying Smart/OXO are bad people/companies? Just provoke deep thoughts on intellectual property? Someone gonna get sued or assaulted? No? Well then shut the heck up. Smart/OXO can just say "OK...say we did rip you off. What are you gonna do about it, huh?"
So, your both fast followers.Try the luggage business.
Quirky doesn't have a leg to stand on in a court of law so they try the court of public opinion. Calculated move. Only time will tell if it was wise or not. But if I had to guess, I will go with the or not.
It looks like their get to market first/quick-on-the-trigger business model may have bitten them squarely in the posterior. I have publicly pointed out that competitors weren't the originator of an innovation, but only to avoid being accused of imitation down the road, not to accuse them of blatant copying.
I used to think that Quirky just made low quality products (eg. http://www.quirky.com/products/22-The-Space-Bar-Desk-Organizer).
Now I think that they are arrogant people that make low quality products. Great marketing technique Quirky.
Whoa, just read Quirkys response to OXO and wanted to slap them (and half the commenters). Props to whoever wrote the OXO piece - mature, classy first class response to what could have been a damaging interweb tussle. As a practicing designer who hears from "inventors" on a regular basis, I have great difficulty with quirky having a whine over this at all?? If speed to market and no IP protection are your thing, why start moaning? Just crack on with the next thing.
@silhouette- had same thought re clear keyboard dude
I look at this as Quirky trying to get attention from people outside of the design community. They seem to be taking to the streets as a way for everyone to see whats going on a get the public to look at them, but unfortunately this doesn't look very good for them inside of a well informed design community. Quirky better take a step back and see what fellow design partners are going to think about how they lashed out at Oxo.
Oxo very classy response by the way.
The Donald Trump says, all publicity is good publicity.
When a teenage Cassius Clay saw all the thousands and thousands of people paying good money to see Gorgeous George get beat up he became `the Greatest`.
BK just wants the PR, this is why he was just on the Tonight Show with Jay Leno on Friday.
Don`t be jealous.
-JAA
I am the Smartest!
http://www.quirky.com/ideations/388552
Very impressed with OXO's reply. Read it and weep, Quirky.
Sounds like a bunch of bickering old ladies to me. Who cares who thought of it first?! Its a dust pan. For sweeping dust. Get over it.
...Currently taking off Quirky from my list of prospective company to apply for a job in the future.
BK came across as delusional in his response.
OXO's masterpiece reply....
SMART/OXO = class
BK/QUIRKY = ass
Nice try, Quirky, but that's a lousy PR show.
As I see the two sides build each other case against each other.
Just because you have the legal rights to do something you have to ask yourself do we have moral right to do it. Since these two company’s play in the similar spaces you might what to see if your actions are of the highest quality. In this case I believe that both sides have failed each other. One for OXO to use the design elements of the dust pan from a meeting with the inventor then passing on the idea. Then QUIRKY for the public protest looks like something out of Mary Shelley’s Frankenstein.
OXO had the totally legal right to use the design but not the moral one.
QUIRKY had the legal right to public protest but not the moral one. Since they had no legal claim to the design any one can use it. If you do not protect your IP you lose it. It is a gift from the government it states that you get the gift of excusive market use of your idea (not a monopoly) but you have to file for patent, disclose the method of the patent. If you do not take these steps you lose all your rights.
We must all seek a higher place then just legal rights; we need to respect each other and the companies we work for. I have been designing for over 20 years; have never stepped into a court room because I seek this in myself.
No comment on the issue at hand, but there's a pretty good chance I did the design for that H110 Hi-Reach!
Bravo to OXO and Smart, very classy response to an obvious publicity stunt.