Ashley
Wilde Group has successfully forced
Irish company Primark into a
settlement of Ashley Wilde’s High
Court action for infringement of its
well known and highly successful
Boulevard design.In
October 2008 Primark launched, in
its Penneys stores in Ireland, a
range of products bearing a copy of
the Boulevard design. Ashley Wilde
issued High Court proceedings in
Dublin seeking an injunction to
restrain sale, damages and costs.
Primark agreed to withdraw its
products from sale and made a
payment into Court as an offer to
settle the damages claim of
approximately €100,000, which sum
was accepted by Ashley Wilde. The
proceedings were compromised on the
basis that Primark gave undertakings
to the Court not to manufacture,
import or sell products reproducing
the Boulevard design, to disclose to
Ashley Wilde the volume of its sales
and to destroy any residual stock.
As well as paying damages, Primark
is also obliged to pay Ashley
Wilde’s legal costs.
Managing Director of Ashley
Wilde, Mr Ashley Brodin, said:- “We
are very pleased with the outcome of
this case, which demonstrates that
Ashley Wilde will always take strong
action to protect the integrity of
its designs, whatever the financial
position of the infringer. Ashley
Wilde invests heavily in its design
studio to enable it to produce high
quality, commercially successful
products. The practice of taking a
short cut to market share by copying
successful designs needs to be
stamped out and Ashley Wilde will
remain at the forefront of
protecting the integrity of its
products”.
Tony Catterall of Taylors
Solicitors said:- “It is pleasing
that this claim was brought to an
early and successful conclusion for
Ashley Wilde. The issue of
plagiarism in the home furnishings
industry is an increasing problem
heightened by the economic
recession. Reputable design houses
and converters need to follow Ashley
Wilde’s example and stand up to
infringers rather than turn a blind
eye. Those who copy successful
designs need to be exposed and made
to suffer the financial consequences
of their unlawful conduct. In
winning this action, Ashley Wilde
has struck a blow for all design-led
companies in the home furnishings
trade”. |
