Influencer Tshepo Pitso is facing legal threat from the Italian Lifestyle brand Rossimoda for character assassination.
The two parties have been at loggerheads over exploitation allegations as Pitso, famously known as Material Don Dada. He claimed he was never fairly compensated for work done under the brand.
Peter Lazarou, Sole Agents Distribution founding director, disputed claims that Pitso was never compensated.
He said seeing their merchandise go up in flames and their name dragged along exploitation allegations was clear character assassination of their brand.
Brand denies having signature range with influencer
Lazarou explained that Rossimoda never had a signature range with Pitso. But he confirmed that they occasionally brought him in to assist with designs.
As seen by Sunday World in a Non-Disclosure Agreement between Pitso and Sole Agents Distribution, the two parties started their working relationship on May 23, 2019. The relationship ended in 2021.
Lazarou confirmed that he knew Pitso years before the signing of the NDA. They always had a mentor-mentee relationship. As such it still surprised him that the skhothane did not approach him when he had issues with their working relationship. He believes all could have been addressed in an amicable manner
“On occasion, Tshepo would do work for the Rossimoda Brand. Work was invoiced out to us, he was always paid fairly and on time. We have proof of such via payments from our business bank account to his personal account,” said Lazarou.
Proof that he was paid more than R200k
Pitso’s remuneration received from Rossimoda was documented from March 1, 2017. He received at least R239,606.66 until June 13, 2020. This includes R1,300 commission for cycling tops sold in 2017 and R16,829 for a photoshoot in Cape Town in 2019. R18,000 for Rossimoda photoshoot and multiple R20,000 for retainer design work. And R20,000 for the release of his music video, amongst others.
Lazarou said they had a special relationship with Pitso. They would often pay for is transportation to work and help the influencer with his personal financial challenges. These were such as when he lent him R5,000 to pay off his rent on June 3, 2019.
He said they have also given Pitso Rossimoda merchandise worth at least R200,000. Some of which he allegedly resold. And he would sometimes bring friends and family to get clothes.
“I did not document everything because we had a good relationship. And I never thought that anything like this would happen, what I documented was what I had proof of because there is obviously no proof of cash transactions. I hope he realises that I don’t want to be in this fight because I don’t even understand where all this is coming from,” said Lazarou.
Letter from brand’s attorneys
The letter of demand is from Rupert Candy Attorneys on behalf of Sole Agents Distribution. It emphasised that all defamatory posts should be taken down. Material Don Dada is also instructed to make a public retraction and apology to their client. He must do this on social media platforms that were used to make the defamatory comments.
The letter stated that Pitso should also refrain from claiming that he created Rossimoda and its logo. As the brand has long existed from back in the 1970s.
“Designers are briefed to work on brands during the normal course of business process and practice in the design industry. The briefed designers do not inherit a right to the work done. Unless the designer can prove that they possess a legally registered trademark thereon,” reads the letter in part.
Don Dada sticks to his story
Speaking to Sunday World, Pitso maintained that he was only paid R1,300 for designing 13 T-shirts. He said he was promised more money as the brand grows. The influencer also claimed that he was replaced by a white designer once the brand was up on its feet.
He said Lazarou started ignoring his calls. He made contact with the Rossimoda boss last year expressing that times were tough for him.
Pitso said he would not take down any posts made and was ready for any legal action against him. This despite being served with a court order to remove defamatory posts on Rossimoda.
Burnt merchandise in protest
Pitso also burnt down DMD Muracchini Liniea Italiana merchandise as he also accused the clothing brand of exploitation. This after they allegedly sold more of his designs without compensation. They also created more merchandise with his name, picture, and signature without his knowledge and compensation, he said.
He was later served with a letter of demand, stating that he should take down all negative posts and send out a public apology. But Pitso never complied.
Refuses to comply with the cease & desist letter
“These people threaten me with legal action but they do not continue because they know the agreements we had. With Rossimoda it was a verbal agreement and this should also be valid. We had plans in place and I was suddenly replaced and never fully compensated for my designs.
“My work is important and it brought them customers. If they fail to understand this then my fans should know I have been exploited. My name was only used to draw them to the brand, yet there is nothing for us,” said Pitso.
