We helped an independent furniture design company when the designs of their products were infringed by a major retailer in the UK.
Our client noticed the retailer was producing furniture with striking similarities to their own. This came a year after our client had pitched the retailer with a view to selling their products through the retailer. The pitch had been unsuccessful and no deal was struck.
It was clear the retailer had infringed the design rights of our client by copying their products, so we took action by sending a full cease and desist letter, to which the retailer replied denying any infringement.
However, the retailer accepted the similarities between the products were very close, and they would no longer sell their range once their stock had been depleted.
In agreement with our client, we decided this wasn’t quite enough. We agreed on a deal with the retailer, in so much that they would stop selling infringing products and they would disclose their sales data for the products.
Our client was then able to use the sales information to build a case for a business loan, allowing them to expand their operation by opening a larger workshop. They have since significantly increased production, allowing them to strike a supply deal with many large retailers, including the company that had copied their products originally.