+44 (0) 845 644 3617

The ACID team manning the membership hotline are experienced in responding to members with practical solutions, tips and advice to the many commercial aspects of intellectual property protection. The emphasis is on simple straightforward explanations about minimising risk and maximising the full exploitation of IP rights. Comprehensive advice about fully utilising the benefits of membership is freely available and members are invited to call at any time.

With several years experience dealing with members’ requests, pan-industry – the ACID membership hotline should be the first port of call for any commercial enquiries whilst the specialist legal IP hotline, manned by design law experts, is freely available for legal help and solutions

For general enquiries or information packs call: +44 (0) 845 644 3617

Organisers of exhibitions are encouraged to join ACID’s Accreditation scheme demonstrating their commitment to intellectual property protection by providing exhibitors with a safer trading environment, while sending a clear message of deterrence to copiers. Acceptance and use of ACID’s exhibition protocol – a standardised management system for dealing with intellectual property infringements arising at trade fairs is an integral part of accreditation.

The ACID Accredited Organiser initiative underpins the public declaration by ACID Accredited Organisers of a zero tolerance of plagiarism at trade shows in UK, Europe and USA.

ACID provides a visible brand of deterrence at trade shows, an opportunity for one to one education for both trade visitors and exhibitors and a “watchdog” service for its members.

ACID also provides practial legal tips for exhibitors prior to showing new product at an exhibition together with guidance from the organisation to exhibition organisers on “trade only” policies and increasing security and communication of a “No Photography” policy to support exhibitors. Members are advised, if relying on Unregistered UK Design Rights or Unregistered Community Design Rights, to send in their new designs to the free ACID Design Register BEFORE they are exhibited for the first time.

Useful information, guidance and contacts are provided to members through regular ACID newsletters and press updates. For further details select the year, then the month you would like to view.

ACID EXHIBITION ATTENDANCE 2007

Autumn Fair 2 – 6 September 2007 – Design Clinics: Using Images, Licence Royalty Agreements, Safe Pitching, Registering Your Designs

Top Drawer Autumn 9 – 11 September 2007 – One to one free advice sessions with an IP lawyer and an ACID representative present to assist ACID members too.

100% Design 20 – 23 September 2007 – Design Clinics: How to protect your designs – ACID Case Studies – Lighting, Furniture, Fabrics and Flooring

Decorex 23 – 26 September 2007 – Design Clinics: Using Images, Licence Royalty Agreements, Safe Pitching, Registering Your Designs

ACID supports its members throughout the year by attending a range of events, working with ACID accredited exhibitions, providing a membership hotline, a legal hotline and an IP auditing service.

ACID (Anti Copying In Design) members The Monster Factory, creators of funky children’s range the Not So Scary Monsters took issue with NEXT over the appearance of their range of designs for children’s clothing. A robust cease and desist letter from ACID Accredited law firm McDaniel & Co resulted in NEXT denying that they infringed the Monster Factory Designs but withdrawing the range saying, “The products were not successful enough to be carried onto the following season”.

Following the withdrawal of the range, Martin Grix said, “The products were shown in the NEXT catalogue for a significant period of time, sufficient time for our extensive “mystery shopper” research to reveal that, although the products had been withdrawn from their catalogue, they were very much in demand and are still being sold”. Grix continued, “I hope that this is not a deliberate strategy to run with a product for a season and when challenged, especially by an ACID member, they withdraw as a damage limitation exercise, having capitalised on our creativity and innovation in our Monster Factory Designs, for which we have a registered Community design”.

Niall Head-Rapson, an IP expert at McDaniel’s commenting on the case, said, “Clearly the Monster Factory who take their intellectual property seriously enough to obtain a registered Community design in other markets, are going to challenge any look alikes they discover in the market place to protect the investment they have made in the creation of their ranges”.

Dids Macdonald, Chief Executive of ACID said, “As signatories to the ACID Code of Conduct, whilst I note that Next have withdrawn the product range, I will be writing to them immediately voicing the Monster Factory and other ACID members’ concerns and to ask them to reconfirm their ongoing commitment to an anti copying strategy throughout the organisation. My understanding is that despite being asked several times, Next were unable or unwilling to provide evidence of the creation of the remarkably similar product”.

Editor’s Notes
The Monster Factory creates, manufactures and markets a diverse portfolio of new stationery and gift products. We work with innovative artists, rights holders and product specialists to source and then beautifully package quirky new concepts for high-end distribution worldwide.

Visit the Not so Scary Monsters website

Hot foot on the tail of ACID’s recent reportage of the Chloe and Top Shop debacle, Drapers Record fashion Khabi Mirza, Fashion Editor reports, “The predicted demise of fast fashion is such hot conversational currency in Drapers Towers, I felt it about time to stick my oar in. When someone wears something new around here, people notice and generally ask the usual “Where’s that from?” I’m sure the same background jibber jabber can be heard in offices up and down our fair isle. But whereas six months ago news of the latest hot £20 Topshop find was broadcast loud and proud, the same admissions are more muted these days. It’s not that anyone’s feeling guilty, it’s just the cool factor associated with covet-today bin-tomorrow high street bargains appears to be on the wane.

Exasperated by the mountain of crappy fashion tat that she can’t even give away to Sue Ryder, one colleague, currently in the throes of moving house, today exclaimed she’ll no longer be flittering away cash on pocket-money-priced fashion. Another has given up on the high street after too many Friday nights catching sight of her latest dress in triplicate. And 20 minutes ago, a third colleague announced investment purchases were all she’s interested in for autumn 07 because after having spent two years sidelining 214 Oxford Street for a deposit on a flat, her perception of value has changed irrevocably”.

Maybe the tide is turning against look alikes? ACID hopes so

Barrister Jeremy Phillips, co editor of IPKat a global IP stakeholders blog commenting on ACID’s submission to the Ministry of Justice on the lack of appropriate damages for IP theft said, “The IPKat considers ACID to be a valuable barometer measuring the pressures faced by small IP owners and the extent to which the law can assist and protect them. Cases involving ACID members won’t generally be the big ones that hit the headlines and get reported in the law reports; nor will its members’ disputes usually be the sort of affair in which IP monopoly interests are pitched against economic issues such as the need to ensure the free movement of goods and to preserve a level of competition for the good of consumers – but this is precisely why ACID’s perception that existing levels of damages are inadequate is not important for the government to take into account”.

So you’ve painstakingly taken all the steps to prepare for the exhibition (see our piece above entitled “Be prepared”!). Then, shock, horror, you spot the copy. The temptation may be to go and confront the stallholder. Don’t give in to it. In relation to certain rights, if an unwarranted threat is made it can result in you being sued in certain circumstances if the right that is being asserted does not exist or is not being infringed or the threat is not carried through. At ACID accredited exhibitions you have the advantage that there are always ACID staff with specialist IP lawyers on hand who can step in and can advise you as to what protection you may have and what steps you can take if you spot a copycat product. That applies whether or not you are an ACID member. Sarah Birkbeck of ACID Accredited Law Firm, DMHStallards advice is:

• Carefully gather evidence. This may seem obvious but the more information you can provide to ACID the better placed they are to help you quickly. Visit the stand and make a note of the following: the date and time; the name of the company or business exhibiting; the location of the stand by reference to the exhibition programme; a clear description of the offending product including its name/product number; the location of the offending product within the stall. You do not have to engage the stand holder to obtain this information but if you are approached you can swap business cards (as this provides useful information about the stand holder) and ask for a sample of the product in question or a copy of their catalogue. You can then provide this to ACID.
• Gather evidence of the product which you think has been copied, if possible including a catalogue reproduction, together with evidence of ownership of the design, any confidentiality/indemnity agreements relating to it.
• Call the ACID exhibition hotline 07956 229876 or come and speak to someone at the ACID stand.
• Work with ACID to try to resolve the problem as quickly as possible

Provided that a specialist ACID accredited lawyer is satisfied that rights subsist in a design that belongs to you and that it is appropriate to notify another party of your rights, ACID can relay your concerns to the third party on your behalf and attempt to mediate the dispute. Very often, a carefully planned on the spot approach by ACID can result in an agreement to remove the potentially infringing product from the exhibition stand, and placing a potential infringer on notice of your rights can be enough of a deterrent to avoid future problems particularly where no or few products have been sold. This newsletter has illustrated dozens of examples of such on the spot resolutions and has a mission to publicise successful outcomes as a further deterrent. If an on the spot resolution is impossible, you can enter into a formal agreement to instruct one of the ACID accredited lawyers to take further legal action. This should always be done without delay as any unreasonable delay can affect the remedies available to the Courts in such situations.

Using the ACID Protocol for on the spot interventions has resulted in over 1700 grass roots mediations and less than 30% have required further legal action.

Joining a growing band of industry media supporters, idFX and FX have placed their full editorial might behind ACID. From 1st September both titles will feature the ACID media supporter logo on the inside front cover of each publication and have agreed to support ACID editorially on IP issues which affect the design industry. FX editor Theresa Dowling says, “I am delighted that ACID are pioneering the way forward, campaigning against forgeries, piracy, and copies. This is the increasing scourge of our times for all types of designers, and manufacturers, so thank goodness that Dids Macdonald and the ACID team have taken up the flag to educate the uninitiated and shame those that piggyback on others’ hard work. We, at FX, are proud to be associated with ACID.”

To date ACID has 10 publications who are media supporters all of whom have used the association to demonstrate their commitment to fighting design theft, our new association with idFX and FX will provide further opportunities for ACID to educate designers regarding IP issues whilst helping them to protect and fully exploit their work”