Ashley Wilde Group has successfully forced Irish company Primark into a settlement of Ashley Wilde’s High Court action for infringement of its well known and highly successful Boulevard design.
In October 2008 Primark launched, in its Penneys stores in Ireland, a range of products bearing a copy of the Boulevard design. Ashley Wilde issued High Court proceedings in Dublin seeking an injunction to restrain sale, damages and costs. Primark agreed to withdraw its products from sale and made a payment into Court as an offer to settle the damages claim of approximately 100,000 euros, which sum was accepted by Ashley Wilde. The proceedings were compromised on the basis that Primark gave undertakings to the Court not to manufacture, import or sell products reproducing the Boulevard design, to disclose to Ashley Wilde the volume of its sales and to destroy any residual stock. As well as paying damages, Primark is also obliged to pay Ashley Wilde’s legal costs.
Managing Director of Ashley Wilde, Mr Ashley Brodin said: “We are very pleased with the outcome of this case, which demonstrates that Ashley Wilde will always take strong action to protect the integrity of its designs, whatever the financial position of the infringer. Ashley Wilde invests heavily in its design studio to enable it to produce high quality, commercially successful products. The practice of taking a short cut to market share by copying successful designs needs to be stamped out and Ashley Wilde will remain at the forefront of protecting the integrity of its products”.
Tony Catterall of Taylors Solicitors said: “It is pleasing that this claim was brought to an early and successful conclusion for Ashley Wilde. The issue of plagiarism in the home furnishings industry is an increasing problem heightened by the economic recession. Reputable design houses and converters need to follow Ashley Wilde’s example and stand up to infringers rather tha turn a blind eye. Those who copy successful designs need to be exposed and made to suffer the financial consequences of their unlawful conduct. In winning this action, Ashley Wilde has struck a blow for all design-led companies in the jome furnishings trade”.
Dids Macdonald comments: “I am pleased that Ashley Wilde has confirmed their strong and robust IP strategy on design protection which will now be publicised widely to those within this sector who appear to seek the fast track to market”.
For more of Ashley Wilde Group designs visit the website