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A Kick up The Butty for TescoA Kick up The Butty for Tesco

» Posted on: 23 September 2009
» Posted by: Tony Catterall
» Service area: Intellectual Property

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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.

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:

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