SPIRIT FIRES RETAINS CVO BRAND IN IP DISPUTE

CVO FIRE LOGOAward winning ACID (Anti Copying in Design) members Spirit Fires have been granted an order against Go Modern Limited for infringing its CVO trade mark in a recent ruling by His Honour Judge Fysh. An initial payment of £5,000 was ordered with costs and damages to be assessed later.

Spirit Fires have built their reputation using a unique flueless gas fire technology. So when they discovered that one of their competitors, Go Modern Limited, had high jacked the domain names cvofires.com, cvofires.co.uk, cvo-fires.com and cvo-fires.co.uk., they immediately instructed trade mark agents. By high jacking these domain names, Go Modern were using this technique to direct users and potential new customers to their website.

Initially the trade mark agents from whom they sought advice had been reticent about enforcement and advised them to use a domain name dispute resolution procedure. However, as brand protection is a key Spirit Fires strategy, they decided to call Niall Head Rapson of ACID Accredited law firm McDaniel & Co who advised them to issue proceedings for infringement of their Registered Trade Mark ‘CVO’ on 21 June 2010.

Commenting on the Judgment, Dids Macdonald, ACID’s CEO said, “Being in possession of a Registered Trade Mark enabled McDaniel & Co to advise their client, Spirit Fires, to take instant decisive action in the form of issuing proceedings. In this case, it proved to be the most effective and timely means of achieving Spirit Fires’ objectives, to stop their competitors free riding on the back of their reputation.”

Christine McLoughlin, a Director of Spirit Fires said, “Our aim is to grow the Spirit Fires brand across Europe, supplying our clients with high quality designer flueless gas fires and flueless fireplaces using our unique gas fire burner technology – all hand made here in the UK. We are proud of our reputation which has seen our sales grow by 67% over the last 3 years.  We are determined that our brand will not be eroded by unfair competition and I am delighted that we were granted an Order and Injunction against Go Modern.”  www.cvo.co.uk

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