Martin Moore KitchenMartin Moore & Co. is a specialist kitchen design and fitting company with several showrooms around the UK. In a joint project, they had agreed to use their design and expertise to create a bespoke kitchen especially for a photo shoot by one of the leading names in solid fuel ovens, AGA. The deal was that Martin Moore would provide a free kitchen for AGA so that the company could promote its ovens in a prestigious and design-led kitchen stage set. An express part of the agreement was that the photographic images could only be used by AGA with permission from Martin Moore.

Martin Moore was surprised, therefore, to see exactly the same image of their kitchen with the AGA oven on the website of a competitor kitchen manufacturer, J John D W Wood. To the consumer this could have provided confusion as to who had designed the kitchen and it would not be unreasonable to assume that the AGA oven was housed in a J John D W Wood designed kitchen. This prompted Martin Moore to instruct ACID Accredited law firm, McDaniel & Co. to send a letter before action to J John D W Wood who removed the offending photograph immediately.

Martin Moore says: ‘’ We were surprised to see our kitchen on another supplier’s web site. They were only claiming to represent Aga, but were most definitely giving the impression they had made the kitchen. Thanks to Acid membership and some excellent advice, we were able to have this misleading advertising removed. We will vigorously pursue those who infringe any of our design rights and our IP ‘’

Andrew Lee, a lawyer from McDaniel & Co. commented, “Often a shot across the bows can be a very effective means of achieving an objective. In this case the copyright in the kitchen image belongs to Martin Moore and they are entitled to exclude others from using that image without their consent.”

Dids Macdonald, ACID’s CEO said, “We are seeing this type of unauthorised use of other people’s images increasingly and would urge those who are using images on their websites to ensure that they have obtained the copyright owner’s permission to do so.”

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