JUDGE FINDS MEMBERS OF MULTI-NATIONAL ORGANISATION LIABLE FOR FLAGRANTLY INFRINGING THE DESIGN RIGHTS OF A SMALL FAMILY BUSINESS. Empteezy Ltd, a major supplier of health & safety products based at Muir Road, Livingston, Scotland who’s UK trading divisions include Walter Page (Safeways) Ltd & Guardian Safety Products and with overseas divisions in Benelux, Estonia, France, Hong Kong, Italy, Spain, Netherlands and the United Arab Emirates, has been found liable for flagrantly infringing the UK Unregistered Design Rights & European Unregistered Design Rights of Pendle Metalwares Ltd. Pendle, a small family run manufacturing company, based in Trafford Park, Manchester since 1983, supplied former distributor Empteezy Ltd and subsidiary Walter Page with items from its range of Cigarette Disposal Bins. The infringement occurred following the decision to de list Pendle as a supplier and source copies of Pendle’s Cigarette Disposal Bins from the Far East. The court found that samples of bins from Pendle’s range of Cigarette Disposal Bins were made available to a Far Eastern manufacturer to be copied and that the resulting defendants’ bins, subsequently imported into the UK, had been deliberately copied and were substantially indistinguishable from Pendle’s bins. The court also held that Empteezy Ltd and its subsidiary breached Pendle’s copyright in the photographs of items from its Cigarette Disposal Range by offering for sale and selling the infringing products via the Empteezy Ltd and Walter Page (Safeways) Ltd websites whilst, without Pendle’s permission, displaying photographs of original Pendle products on those websites to promote the sale of the infringing products. The court further held that such acts by the defendants amounted to a misrepresentation to prospective purchasers and went on to find the defendants additionally liable to Pendle for the civil wrong of passing off. Empteezy and Walter Page have further supplied infringing copies of bins from the Pendle range to their trade customers including many large industrial mail order companies who are likely to have been duped into selling infringing copies whilst displaying images of original Pendle products on their websites. It has been a grueling five year legal battle for Pendle, culminating in a six day trial upon liability earlier this year. The trial at The Royal Courts of Justice, Chancery Division before Judge Stuart Isaacs QC resulted in judgment, in Pendle's favour, being handed down on 31st July 2012
All in all small firms do not need to roll over if a company, irrespective of superior financial standing, attempt to underhandedly, steal the very business from you. If you have kept your records, get the right advice & support and have the determination you can enforce you rights in law, it is not easy or without risk, but it can certainly can be done.
