When Baa Stool discovered the copy of their design, they took immediate action and instructed ACID legal affiliates McDaniel & Co to write a letter before action setting out their claim. Shortly afterwards, Baa Stool received a signed undertaking from the infringing company, which has undertaken not to make, import, sell or offer for sale the infringing article.
This outcome was reached without the need for a hearing or long drawn-out and time-consuming legal correspondence.
Kelly Hudson, a director of McDaniel & Co, acting for Baa Stool, says: “Knowing the sector, and from a perspective of many years dealing with design-led IP infringement, it was clear that this was an infringement and, armed with all the facts and evidence, I created an effective letter before action which resulted in an early settlement for Baa Stool. Job done!”
Baa Stool owner Michelle Bartleet-Greavey comments: “Discovering a copied design can not only be deeply upsetting but can have such a negative financial impact on a company like ours. I pursued this not only to get a result but to demonstrate that our message is crystal clear – do not copy us, because we will take the necessary legal action to defend our IP rights.”
ACID CEO Dids Macdonald, OBE, adds: “Acting promptly and obtaining the correct legal advice can be crucial to turning the situation around and getting a positive result. Publishing a successful settlement actively promotes a company’s proactive IP strategy.”
Above: Baa Stool's design
Above: The Wooden Horse Company's product