Articles

06th December 2007

Kingsfords Solicitors get justice for Ashford inventor in copyright case...

Kingsfords Solicitors achieved justice for a local Ashford inventor who discovered that a northern based company middleman was copying and offering for sale the inventor's unique angling product. When the offending company refused to admit to liability for the two claims of infringement of trademark and breach of design registration Kingsfords Solicitors' civil litigation lawyer Li Goh-Piper was forced to take the case to court.

The inventor's case progressed on two main heads of claim: the infringement of trade mark and design registration by selling the product without permission or a licence, and an action against the company for copying the product. The company defended the action on the basis that they only sold surplus stock and retaliated with a counterclaim for defamation.

On hearing the evidence, the judge upheld the majority of the actions brought against the company and ordered them to pay all of the claimant's legal costs for the infringement of trademark and the counter claim of defamation that was dropped on the Friday before the court proceedings which commenced on the Monday.

Kingsfords was successful in the majority of the copying action claim up to July last year. The copying action was not found completely in favour of the client as the inventor failed to produce sufficient proof in support of the copying action after July last year to the satisfaction of the Judge. However, the judge ordered the company to return all surplus products to the client and remove the products from their catalogue.

"We're very pleased with the outcome for our client," explains Li Goh-Piper, civil litigation lawyer at Kingsfords. "It goes to show that justice can be found in the legal system for victims of intellectual property theft but also illustrates that comprehensive and compelling evidence is vital to be successful."

For further information on how Kingsfords Solicitors can help with intellectual property law call 01233 624545.

Disclaimer

The content of this article is intended for general information purposes only and is not a substitute for specific advice. It is based upon our understanding of the legal position as at September 2007 and it may be affected by subsequent changes in the law. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.