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Taylors’
Intellectual Property team are in the news
again with yet another ‘David and Goliath’
case – this time for client Sugarbutty
Creations, who are
in dispute with supermarket giant Tesco over
the use of an image designed exclusively for
promotional tour merchandise for a US band.
Manchester-based Sugarbutty create
limited edition artworks and one such item –
a silk screened poster (designed for
Brooklyn-based Nada Surf’s 2008 ‘Lucky’
tour) – was copied and reproduced on a
t-shirt sold by Tesco.
The poster design was conceived for use on
limited edition posters produced exclusively
for Nada Surf, however the design found its
way on to the front of fashion t-shirts in
Tesco stores across the country.
Speaking of the infringement Sugarbutty
partner Tracy Ireland said “we create
collectable merchandise, available only to
music lovers who go to live shows, or who
visit the website after the tour has
finished to purchase remaining items”.
“Sugarbutty’s designs are conceived and
completed personally and to share our
designs with a high street retailer such as
Tesco would expressly go against the ethos
of our business” added Ireland.
Pleasing
Tony Catterall, Head of Intellectual
Property at Taylors said:
“This is another example of the Taylors IP
team taking on a major brand on the grounds
of design infringement. We handle many cases
of this nature and it is always pleasing to
go into battle for those of our clients who
feel that they are powerless against such
major players”.
The issue of this claim sends a clear
message that even smaller design clients
have the power to protect their designs –
and that the impact such infringements can
have should not be underestimated whatever
the size of your business” added Tony.
For more information about protecting your
intellectual property assets or how the IP
Litigation team at Taylors can help you and
your business, please contact us.
Picture 1: the Tesco Cherokee t-shirt.
Pictures 2 and 3: The original Nada Surf
design:
Copyright 2006 - 2010
Taylors Solicitors
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