Member Article

Moda triumphs in design rights claim

Manchester-based rattan furniture designer Moda Furnishings has successfully concluded its design right claim against Furniture Vault Ltd and its director Paul Brightman.

One of Moda’s bestselling designs, introduced in March 2015, was copied by Furniture Vault, reports design rights champion Anti Copying in Design (ACID).

Moda demanded undertakings to discontinue the sale of the infringing products and pay compensation and costs. 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 Paul 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 comments: “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.”

This was posted in Bdaily's Members' News section by Taylors Solicitors .