FIRECRAFT AND FOCAL POINT SETTLEMENT

FireCraft LogocpFirecraft and Focal Point Fires plc have settled the litigation between them in relation to the FIRECRAFT mark. The terms of the settlement agreement prevent Focal Point Fires from using the FIRECRAFT mark in the future.  Focal Point Fires has already rebranded its fires “eko fires”. 

Focal Point Fires started to use FIRECRAFT for gas and electric fires in 2001 and registered a trade mark at the Trade Marks Registry of the UK Intellectual Property Office.

Last year Firecraft were successful in the Registry in applying to invalidate Focal Point Fires’ trade mark for the word FIRECRAFT. 

Firecraft based their application on the fact that they had substantial goodwill in the name FIRECRAFT in stone fire surrounds and that Focal Point Fires’ use on fires would be likely to damage the goodwill Firecraft had developed over the years. 

Firecraft issued proceedings against Focal Point Fires in the High Court in March 2009 for passing off.  In summary judgment proceedings, the Judge, Peter Smith J, found for Firecraft, stating that following the Registry proceedings, Focal Point Fires could not defend themselves against the passing off action.

Firecraft

Firecraft is a family firm providing high quality hand carved stone fireplaces from its factory in Hinckley which it has supplied to satisfied customers Nationwide for nearly twenty years.  For more information visit www.firecraft.co.uk or telephone 0116 2697030.

Focal Point Fires plc

Focal Point Fires plc is the UK’s largest manufacturer of fuel effect fires with both electric and gas fuel effect fires featured in an extensive product range, which includes flueless catalytic gas fires, traditional inset gas and electric fires and electric stoves.

The eko fires range is a revolutionary collection of gas and electric fires combining stylish design and innovative technology from eko fires.

If there are any queries arising from FIRECRAFT gas and electric fires which have in the past been sold by Focal Point Fires and its authorised distributors, members of the public are asked to contact eko fires at http://www.ekofires.co.uk/contact.asp.

Comments are closed.