Aspinal tapped ...

A free Libertine with every handbag?

An excited press release from Anti Copying in Design (ACID) tells Class 99 that one of its members, Aspinal of London, has secured a settlement after a long battle against

"copycat predators who marched off with their products, mimicked their website and shamelessly created a look alike business, free riding on the back of Aspinal’s hard- fought- for brand identity and reputation".

Following a £1.5 million battle the defendants have agreed not to trade in any capacity in the leather goods business for 10 years and to pass over all their assets, including all the stock and their entire business, to Aspinal. The case was described as being one of the most complex cases to come before the London Patents Court in fifty years.

The culprits were apparently individuals with whom Aspinal had trustingly shared an office and warehouse premises. Explains the press release,

"Without warning, they vacated the shared premises and promptly set about to manufacture a wide range of more than 100 designs, copying or mimicking Aspinal’s entire range of products and designs, the Aspinal “ look and feel” and the entire Aspinal business model. The case against the defendants was pursued in two parts. The first was breach [the pedant in me says "infringement", not "breach"] of copyright, Community [something] rights, registered designs and unregistered designs. The second was a case of common law tort, including the misuse of confidential information and inducement of Aspinal’s manufacturers to breach their agreements and exclusivity".

This episode carries with it a salutary warning that design infringement can break out any time, any place -- and if the infringer is going to do it, he may as well do it at full volume and in full view of everyone since he will cause maximum inconvenience and put greater pressure on the lawful trader off whose business he parasitically feeds.

Frustratingly, under the settlement the defendants are entitled to anonymity.  This however has the consolation that we can say as many rude things about them as we want and they can't sue for defamation ...

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.