The Intellectual Property team at commercial law firm, Taylors, has secured a favourable settlement for Winer Diner Limited in its claim for infringement of its registered picnic bench design against a substantial distributor of street furniture.
Winer Diner claimed infringement of its registered design 2063497 (left) by the bench on the right:-
Taylors secured a very favourable and constructive settlement which not only included payment of damages and costs but also regularised the position going forward by the Defendant signing up to a Licence Agreement.
Tony Catterall, Head of Intellectual Property at Taylors Solicitors, said: “Taylors’ success on behalf of Winer Diner Limited in securing a favourable, commercial, settlement within two months of proceedings being issued illustrates that claims in the Intellectual Property Enterprise Court can be dealt with quickly and at affordable cost.
This should send a strong message to those seeking to ride on the creative efforts of others and to take advantage of successful designs. It reinforces the point that design registration is not only a useful deterrent but can also pay dividends when infringements occur”.
Michael Lunn, Director of Winer Diner Limited and designer of the award-winning Winer Diner picnic bench said: “I am very pleased with the result Taylors has secured for us and the speed at which this claim has been resolved. The Winer Diner table is my intellectual property and is of a unique design. I felt that I had no alternative but to pursue the claim to protect the integrity of my design input and the investment expended in its creation.”
“The outcome vindicates my decision to issue proceedings to protect my registered design: I will not stand by and see my valuable intellectual property rights violated”.
Taylors’ Intellectual Property team, led by Tony Catterall, is recognised nationally and internationally for its expertise, particularly in the textiles, home furnishings, manufacturing and software sectors. It has won many notable and key cases in the High Court, Court of Appeal and Supreme Court against major corporates.
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).