A textile designer and distributor has settled a copyright claim after its “bestselling” product was unlawfully copied.
Bridstock Gate, trading as Portfolio Home in Manchester, issued as the Claimant in proceedings in the Intellectual Property Enterprise Court demanding that the defendants, who have not been named, cease importation and sale of the infringing product.
According to the report, the defendants had allegedly imitated the company’s trade mark ‘Orkney’ design – described as “beautiful vibrant stripe patterns of Orkney and traditional Indian ethnic print… rich in the colours of navy blue, gold and burgundy”.
The Claimant also asked for the delivery up of residual stock to remove them from the market and for payment of compensation and costs.
Settling on the morning of the trial, the defendants agreed to “undertakings not to import or sell the infringing products” and “an inquiry to assess payment of damages and costs”.
Commenting on the judgment, Paul Callan, Managing Director of the Claimant said: “We are delighted by the outcome achieved as a result of this action. We take great pride in the innovative nature of our products and invest heavily in the design of original textile ranges that distinguish us from others in the market.”
Tony Catterall, of Anti Copying In Design (ACID), the trade association who backed the legal case, added: “The ability to bring proceedings in the Intellectual Property Enterprise Court gives clients who create original designs the opportunity to protect their innovative work without fear of plagiarism. The protection of original designs is essential to justify the cost and effort put into the creation of new products.”
BJ Chong, a Partner with Palmers who specialises in IP law, said: “In general terms, trademark infringement relates to the unauthorised use of a trademark or service mark in connection with goods or services.
“The crucial legal test is whether the goods or services complained about are identical to or similar to the trade mark so as to obtain an unfair advantage to the detriment of the registered trade mark.
BJ added: “Trademark infringement can be both confusing and complex so it’s worth taking advice from a specialist IP solicitor before going to the time and expense of creating a range of new products, new brand name or logo.”
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