l.res red kisscpACID member Lindy Lou Ltd, designers and suppliers of see-through umbrellas, have shown how a proactive approach to Intellectual Property rights can reap dividends. This resulted in a formal undertaking from fellow Spring Fair exhibitor Sunrise Bags not to sell or import the look alike products in the future. Sunrise Bags also gave a commitment to deliver up remaining samples in their possession and reimbursed Lindy Lou’s legal costs.

Dids Macdonald, ACID’s CEO said, “Often exhibitors do not follow up copying complaints formally after the show leaving them wide open to further potential problems. Formal undertakings play a key role on which to rely should any further look alikes enter the market place. Publishing successful settlements also sends out a clear message about Lindy Lou’s strict IP policy within this sector.”

Regular Spring Fair exhibitors Lindy Lou were exhibiting at the Fair, one of the main international giftware events held at Birmingham NEC, in February this year when they discovered a fellow exhibitor, Sunrise Bags, displaying copies of two of Lindy Lou’s umbrellas, which were protected by European Community Unregistered design right.

Lindy Lou immediately telephoned the ACID mobile IP helpline to get specialist advice. Spring Fair has been an ACID Accredited Fair for many years and, as such, supports ACID’s presence to help in alleged copying issues. ACID is assisted by specialist IP lawyers from ACID Accredited law firms. By using the ACID Exhibition Protocol, Lindy Lou, with help from Andrew Lee of ACID Accredited law firm McDaniel & Co, was able to communicate their complaint to Sunrise and an on the spot mediation took place. Sunrise agreed to remove the complained of products for the duration of the show. Lindy Lou, however, instructed McDaniel & Co to follow up the complaint with a formal letter of action, which was hand-delivered at the show, in order to obtain formal undertakings and delivery up of any copies.

Andrew Lee of ACID accredited law firm McDaniel & Co comments, “This case is a great example of Andy 2

two things. Firstly, how useful the Unregistered European Community design right is particularly for products that have novel features resulting from the material the product is made from or its colours and pattern. Secondly, Lindy Lou took a very proactive approach once they were aware of an infringement. Within a few hours, Sunrise had been served with a letter before action.”

Andrew Lee of McDaniel & Co.

Carolyne Davis of Lindy Lou comments, “We found ACID and their accredited lawyers very easy and clear to get along with. They explained the law and our rights in a way that we could understand and in a way that gave us the confidence not to let anyone copy our exclusive designs now or in the future.”

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