The innovative, Manchester-based rattan furniture designer Moda Furnishings has successfully concluded its design right claim against Furniture Vault Limited and its director Mr Paul Brightman. Moda specialises in the design and manufacture of innovative outdoor furniture sold direct from its own factory to give its customers top quality product at attractive prices.
One of Moda’s best-selling and innovative designs introduced in March 2015 was copied by Furniture Vault. Moda demanded undertakings to discontinue the importation and sale of the infringing products, delivery up of residual stock and payment of compensation and costs. Anti Copying in Design (ACID) affiliate lawyer Tony Catterall of Taylors Solicitors was instructed to issue proceedings in the Intellectual Property Enterprise Court. The claim was settled on the eve of Moda’s application for an interim injunction, with Furniture Vault and Mr Brightman agreeing to settle on the terms demanded by Moda, including undertakings in lieu of an injunction, delivery up of Furniture Vault’s residual stock, payment of damages and payment of 100% of Moda’s costs.
Phil Lomax, a director of Moda, says: “We are delighted by the outcome achieved by Taylors as a result of this action. We at Moda take a great pride in the innovative nature of our products and invest considerably in the design of furniture ranges that distinguish Moda from others in the market. It is essential that we protect the integrity of our designs, and I am pleased that Taylors have achieved a more than satisfactory settlement on our behalf.”
Tony Catterall of Taylors says: “We are delighted to have been of assistance to Moda in achieving an early and complete settlement of this dispute. The ability to bring proceedings in the Intellectual Property Enterprise Court at realistic cost and timescale gives ACID members the opportunity to protect their innovative designs without fear of disproportionate costs or an unacceptable timescale.”
Dids Macdonald OBE., CEO of ACID, says: “IP Specialist Tony Catterall is a great resource for ACID members and I value his sage advice on effective ways to translate legal issues into commercial solutions in a timely manner. This is borne out of many years experience and knowledge of the sector."
