Copying Designs

I design and sell jewellery.  I found out that an almost identical version of a ring I designed is available in a large high street store. Unlike my product, the ring is not made of precious stones and has clearly been produced for the mass market. I would like to be credited with design and compensated accordingly.

It is important that you act quickly.

Any delay may lead them to conclude that you tolerate free copying and also may be fatal to your chances of getting an immediate injunction from the court. Also, you need to send a message to the wider market that you adopt a zero tolerance stance in respect of those who unlawfully copy your designs.

It is quite possible that your design is protected by one or more intellectual property rights. If so, a strongly worded letter from Hylton-Potts may well convince the other side to stop selling the ring. We are known to be very tough.

If not, the Patents County Court offers a quick and low-cost forum for the resolution of disputes of this nature. Successful legal proceedings should result in you obtaining an injunction and damages to compensate you.

An injunction is a discretionary remedy. That means that unlike say getting damages for a broken leg in a car accident, it is in the judge’s discretion whether to grant one or not. Speed is important. At Hylton-Potts our reputation for speed is second to none, and Rodney has a letter from the Judge in Charge of the List in London congratulating him on his speed of conducting litigation.