ACID members Halo are renowned for designing and selling high quality furniture products including their unique leather and stainless steel ‘Mars’ and ‘San Remo’ Both products are registered Community designs. Halo became aware of two identical products being advertised for sale in a competitor’s brochure (also major names within the industry). According to Patricia Jones of ACID Accredited law firm Hammonds, “Both items were clear infringements of Halo’s Community registered designs for the ‘Mars’ and   ‘San Remo’ chairs”.

Said Charlie Oulton, MD of Halo, “On this occasion we decided not to “name and shame”, as the company complied quickly with our requirements when the infringement was brought to their attention. However, Halo will be tightening up its enforcement policy and watching the market closely, and will not hesitate to shout very loudly when infringements are detected.”

Halo’s Chairs,  San Remo (top left) and Mars (above right)

• Withdraw the infringing products from sale;
• Withdraw all marketing material relating to the infringing products;
• Destroy all stocks of the infringing products; and
• Cease and desist from importing, marketing, selling or in any way otherwise dealing in or with the infringing products.

Almost immediately following the letter before action, company X agreed to all the undertakings except for the withdrawal of the marketing material. However, a proviso was agreed that the products would be described in their marketing material as “discontinued and no longer available”.

Added Charlie Oulton following the successful settlement, “I am delighted that we registered these designs and that we took such decisive action to protect our rights in the products in which we had invested so heavily to design.”

Dids Macdonald, ACID’s CEO said, “The combination of having belt and braces around a design in the form of a registered Community design shows how compelling an effective letter before action can be. ACID has come up against this company before – let’s hope that they appreciate Halo’s very positive warning shot”.