Monday, October 26, 2009

Sue and settle -- but who is the real winner?

Anti Copying in Design (ACID) is just celebrating the news that one of its members, leading contract furniture designer Morgan Contract Furniture, has resolved its claim against PTT Design Limited. Having launched High Court proceedings for design right infringement in respect of seven items of furniture design which PTT supplied to Hyatt Hotels in 2006, Morgan accepted non-infringement undertakings from PTT and its individual directors plus £65,000 towards damages and costs, following a mediated settlement.

Right: 'Como', from Morgan

As with most mediations, the commercial reality that lies behind the settlement remains unknown. Morgan and PTT had both bid for a contract with Hyatt Hotels; PTT got it ahead of Morgan. Was this an instance of an infringement that paid for itself? We may never know. However, PTT's website lists its clients, one of which is the Hyatt Churchill Hotel, London for which it provided casegoods and seating for 398 bedrooms and 40 suites. Anyone with a head for figures and a knowledge of the sector will be able to calculate who got the better deal, Morgan or PTT.

No comments:

Post a Comment