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Taylors Solicitors - Commercial Lawyers in Manchester and Blackburn, Lancashire

Taylors - The Commercial Law Firm

Commercial law firm Taylors Legal Services Ltd are dynamic and highly experienced business lawyers with offices in Manchester and Blackburn, Lancashire.

As legal specialists, we are committed to providing the highest quality service through a real understanding of our clients' needs, business priorities and specific requirements. We offer a common sense and commercial approach with which we deliver relevant, timely and commercially-astute, value for money solutions to the issues faced by businesses in the real world » Learn more...


Major retailer EWM takes advantage of the “little guy” in textile copyright case

A Blackburn clothing firm has triumphed in a copyright battle against Edinburgh Woollen Mill (EWM) in what lawyers from taylors describe as a ‘David v Goliath’ victory.

Response Clothing in Blackburn supplied a ladies’ top made from a jacquard fabric with a ‘wave’ pattern to EWM between 2009 to 2012. But when the Blackburn firm tried to increase prices, the national retailer took a sample to another garment supplier and had it copied, the High Court was told.

EWM, who have 400 retail stores nationwide, had similar tops made by Visage using the distinctive wave pattern for three years before sourcing similar tops from Vietnamese company Cingo, and a Bangladeshi company, Bengal Knittex.

Response subsequently sued EWM for copyright infringement in the Intellectual Property Enterprise Court, led by Intellectual Property experts Taylors Legal Services.

The High Court Judge found that the wave fabric was ‘a work of artistic craftsmanship’ even though it was produced on a machine - which was infringed by EWM’s tops.

Judge Hacon also found that the importation and sale of the tops by EWM was a secondary infringement of copyright because EWM should have known that dealing in the copies of Response’s fabric would be in breach of Response’s rights.

He said: “In my view, the similarities between the Wave fabric and each of the Visage, Cingo and Bengal Knittex Fabrics, would have been apparent to a reasonable person and would have led that person to believe that dealing in the latter fabrics would be in breach of rights likely to be held by Response. EWM's sales of the Visage, Cingo and Bengal Knittex Fabrics were all secondary infringements.”

Tony Catterall, Head of the Intellectual Property Team at Taylors Legal Services Limited, acted for Response. He said: “We have been delighted to see this case to a successful conclusion for Response Clothing.

“This was an example of a major retailer taking advantage of the ‘little guy’ and believing it could copy a supplier’s design with impunity.

“EWM went to extraordinary lengths to fight this case, applying to the Court for two rounds of expert evidence and seeking leave to put in supplemental fact evidence. Those efforts were all in vain and this claim illustrates that no business seeking to protect its IP rights need fear a ‘deep pockets’ opponent when bringing a case before the Intellectual Property Enterprise Court.”

With offices in Manchester and Blackburn, Taylors is a law firm specialising in all aspects of commercial law.  The dynamic and highly experienced lawyers at Taylors are committed to providing the highest quality service through a real understanding of our clients’ needs, business priorities and specific requirements.

For further information contact Tony Catterall, Head of the Intellectual Property Team at Taylors, on 01254 297900 or via email at tony.catterall@taylors.co.uk.

Taylors is the only North West based firm to have been appointed as a legal affiliate to the National organisation Anti Copying In Design (“ACID”).


Virtually seamless!

Taylor’s legal services are fully operational and we are here to assist and support you through these difficult times- so please keep in touch .

All of our solicitors and team members are working normally and are available to continue to address your legal issues.

We have been prepared for homeworking for some time with our existing systems supporting all staff to work remotely to ensure seamless business continuity.

All existing clients can still reach their personal contacts by telephone or email. If these are not to hand they are all on the People page of our website. Our phone lines are also fully functional and calls have been diverted from the direct dial numbers to the mobile number of the person concerned - so please ring the numbers you usually use and you will get through.

We also have key workers at Rawlings House Exchange Street Blackburn BB1 7JN support the Courts services who are able to accept post or delivery items in a way that ensures social distancing.

In any event you may call Elaine Hurn on 07768 614009, Tony Catterall on 07768 614008 or Andrew Livesey on 07884 231375 at any time.

All existing matters will continue to be carried out, transactions progressed and Tribunal and Court actions progressed for as long as the civil courts and tribunal service remain operational.

For all new  enquiries please  email Elaine.hurn@taylors.co.uk ( Blackburn) or Andrew.livesey@taylors.co.uk ( Manchester )  and leave your phone number and we will call you back and ensure that your enquiry is directed to the best possible specialist to address it.

We want to continue to work together to help you through this difficult time and when it’s safe to do so support your business to prosper once again!

However if unfortunately you need advice on business support or restructuring, please call Andrew Livesey.

Stay positive, stay at home, stay safe and stay in touch.

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Latest News

Temporary Changes to the Insolvency Legislation
Against the background of the Covid-19 pandemic the government has rushed through a raft of changes to current UK insolvency legislation in the Corporate Insolvency and Governance Act 2020 which received Royal assent on 25 June 2020. > READ MORE

Permanent Changes to Insolvency Law
The Corporate Insolvency and Governance Act received Royal Assent on 25 June 2020 and introduced into law a new measures to tackle corporate insolvency. > READ MORE

Taylors Sponsor BBA
We were proud to sponsor the Burnley Business Awards - Manufacturing Excellence Catagory 2019. Well done to the winners SALC www.sacoltd.com

HR Exchange 20th June 2019
Addressing the issue of the impact that the menopause can have upon women within the workplace.

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As a commercial law firm, we are naturally commercial and this is matched by our entrepreneurial approach and when used alongside our industry expertise we are able to provide our clients with first-class service in every area of business.

We are ideally located to meet your specific demands and this site provides you with details of the services we offer, the experienced people who are here to work with you and more details about how we work and what you can expect from us » Learn more...

What our clients say

Designers Guild

Taylors took us through a “zero tolerance” policy, which led to our initiating a number of infringement claims, including a major action that went all the way to the House of Lords. Not only did we win, we established new laws for the benefit of our entire industry”.

RG Adrac

"The combination of legal knowledge and a sound commercial approach as well as experience and commitment to the use of Alternate Dispute Resolution meant that we resolved matters quickly, without the expense and management time that would have been necessary in pursuing the matter through the Courts"

Fort Vale Engineering

"This was a classic example of Taylors’ professionalism and diligence in dealing with commercial disputes and litigation. I would have no hesitation in recommending the team to other businesses."

Silicone Engineering

"As a fast-growing SME manufacturer, we are continually developing progressive partnerships throughout our business pipeline and we’ve found in Taylors a like-minded business that ensures results are achieved that don’t just meet but exceed our expectations"

Partwell

"We have been a loyal client of Taylors for more than fifteen years and from the beginning, the team has always had a practical approach to issues; keeping matters simple when required (often the case) and incisive when issues are heavier. I've been pleasantly impressed at the consistent level of expertise and engagement across the team"


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Blackburn: Rawlings House, Exchange Street, Blackburn, BB1 7JN.
Tel: 01254 297900 / Fax: 01254 297916
Manchester: Ninth Floor, 80 Mosley Street, Manchester, M2 3FX.
Tel: 0161 200 5690 / Fax: 0161 200 5699
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