PuffinAnti Copying in Design member Archipelago creates top quality design-led unique wood crafted products within the Giftware sector.  Whilst attending Autumn Fair (an ACID Accredited Exhibition) last year they discovered that one of their competitors, Quay Traders, were marketing and selling what appeared to be Archipelago lookalikes.

Following an assessment by Kelly Hudson of ACID Accredited law firm, McDaniel & Co,  it was discovered that a number of Archipelago’s most popular products had, in fact, been infringed by Quay Traders. Following the Fair, a Cease and Desist letter was sent alleging copyright infringement in the artistic works as all the products were designed by Archipelago and hand carved. Said Kelly, “We established that copyright subsisted in the works as artistic works and the subsequent letter put Quay Traders on notice of the infringement and requested various undertakings. This was a clear indication of the action Archipelago would be willing to take to protect their brand.”

Quay Traders solicitors responded denying the alleged infringement but later, through a subsequent letter, Quay Traders agreed to discontinue all products referred to in the cease and desist letter and to no longer import or sell these products. Undertakings followed, confirming Quay Traders commitment.

Two small birdsNiall Head-Rapson of McDaniel & Co commented, “Archipelago were determined to protect their market share and take whatever action was required to do so. This reinforces the effectiveness of a cease and desist letter and confirmed Archipelago’s decisive action following the discovery of the infringement at the Fair, an essential element in an effective IP protection strategy.”

Dids Macdonald. ACID’s CEO said of the settlement, “ACID works proactively within the Giftware sector and is determined to continue to raise awareness about the important role which intellectual property ownership plays for the key players in this industry.”

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