Taylors' IP team secures win for Clarke & Clarke
The Intellectual Property team at commercial law firm Taylors has achieved rapid success in resolving a copyright infringement claim against Oddie’s Textiles on behalf of Haslingden-based Clarke & Clarke.Clarke & Clarke’s “Rosetta” and “Chloe” designs were closely reproduced by products imported and sold by Oddie’s.
Taylors secured a very favourable settlement which required Oddie’s to compensate Clarke & Clarke in respect of sales, together with 100% of its legal costs. Oddie’s Textiles was also required to give undertakings not in future to manufacture, import, offer for sale or sell copies of the Clarke & Clarke designs.Clarke & Clarke has generously donated all damages to Taylors' chosen charity, Blackburn Youth Zone.
Tony Catterall, head of intellectual property at Taylors Solicitors, said: “Taylors’ success on behalf of Clarke & Clarke in obtaining an early settlement for damages and costs illustrates that copyright claims can be dealt with quickly and efficiently; in this case, settlement was achieved within three weeks.”“This should send a message to plagiarists that design owners will not be deterred from enforcing their rights because of the perception that the legal process will be slow and costly. This claim shows that an early resolution can be achieved, and at a modest cost”.
Lee Clarke, managing director of Clarke & Clarke, “I am very pleased with the result Taylors has secured for us. Taylors has advised us for many years regarding copyright matters and we rely on the firm’s expertise in the field of intellectual property. We felt that we had no alternative but to pursue this claim to protect our design process and the investment in creating a range of original designs.“The speedy and successful outcome justified that decision and will hopefully deter others from copying our designs”.
Taylors’ Intellectual Property team, led by Tony Catterall, is recognised nationally and internationally for its expertise, particularly in the textiles, home furnishings, manufacturing and software sectors. It has won many notable and key cases in the High Court, Court of Appeal and Supreme Court against major corporates. Taylors is the only North West-based firm to have been appointed as a Legal Affiliate to the national organisation, Anti Copying in Design (ACID).