A Fashion Institute of Technology graduate who designed a wildly popular backpack as part of a class project four years ago is now claiming Barnes & Noble and the college ran off with her profits.
Diana Rubio, 33, of Carlstadt, NJ, filed a copyright-infringement lawsuit Monday in Manhattan Federal Court against Barnes & Noble and FIT. It claims honchos at the Chelsea college never explained the terms of a fall 2010 student contest that she won for drawings of her “The Everything Backpack” – and that she “never signed” a consent form allowing Barnes & Noble to pocket the profits off it.
“She’s a young entrepreneur who feels disillusioned and betrayed by the entire experience,” her lawyer, Dimitrios Moscholeas, told The Post.
Barnes & Noble is peddling the canvas nylon bag for $39.95. As of Monday, its online store had the hot accessory scoring an excellent 4.5 out of 5 stars in its consumer rating.
It’s unclear how many of the backpacks have actually sold, but a February 2013 posting by an official FIT blog boasts it’s “the bag that never quits, nor quits selling.’’
“Diana has received no payment whatsoever from BN and/or FIT for the Diana Rubio Backpacks, nor has she authorized the manufacture, marketing and sale of such backpacks,” the suit says.
Rubio, who graduated FIT in 2011 with an associate’s degree in accessory drawing, sketched the winning design as part of a class contest held in conjunction with Barnes & Noble. Moscholeas claims his client never received any cash prizes or awards for winning the contest – and then helplessly watched as Barnes & Noble cashed in by selling the product on the Internet and in stores while FIT was a willing accomplice.
Each of Rubio’s backpacks sold has a tag attached reading: “Backpack. FIT Fashion Institute of Technology State University of New York. Diana Rubio, AAS Accessories Design 2011.”
Below the wording is a promotional blurb about FIT.
Moscholeas said it’s unclear if FIT is getting a cut of the sales revenues but claims the college is profiting either way because of the publicity it receives when consumers read the attached tags and realize the backpack was designed by a student.
Rubio, whose first love is designing jewelry, seemed to endorse the student contest by telling the FIT blog in February 2013, “I just love it when I see my bag on someone I don’t know!”
But Moscholeas said his client “agreed to cooperate” by doing the promotional interview because she was then hoping an agreement could be worked out with FIT and Barnes & Noble – adding “that never happened.”
The suit claims Barnes & Noble recently offered Rubio “an unreasonably low settlement offer,” which she refused. Her lawyer declined to elaborate.
Rubio’s backpack was supposed to be offered by Barnes & Noble for “a short-term run for a back-to-school collection. But it went viral,” and still remains on the market, the FIT post says.
“The original khaki nylon bag, worn as a back-pack style or on the shoulder is now in four colors and plaid.”
Rubio is seeking back profits, future royalties and other money damages. She is also seeking a court injunction preventing the backpack from being sold until the suit is decided.
Her lawyer claims FIT and Barnes & Noble have refused to disclose sales data and other information about the backpack.
FIT’s students are supposed to retain ownership rights of their work, says the suit.
A Barnes & Noble spokeswoman declined comment. FIT did not return messages.