In a continuing dispute over intellectual property (IP) rights, Little Brian, a children’s artwork brand owned by Anti Copying in Design (ACID) member Tremart Ltd., has challenged retail giant CDS (Superstores International) Ltd (‘CDS’), which operates both The Range and Wilko in respect of various IP rights infringements arising from what they state is the unlawful imitation of their popular Paint Sticks products.

The Range has a history of stocking Little Brian’s renowned Paint Sticks, which remain available. Little Brian’s Paint Sticks are innovative for their ease of use and bright colours, known throughout the UK and worldwide, making them extremely popular with children and parents alike. Following the Little Brian being stocked by The Range and The Range then ending this agreement in favour of developing an own brand offering, they have, remarkably, introduced their own lookalike line of Paint Sticks, available both online and in-store Tremart have taken action against CDS International (owner of The Range and Wilko) for infringement of various copyrights, unregistered designs rights and passing off. Little Brian believe that this shows no respect for original IP ownership of a design created by them.

Little Brian expressed deep concern over The Range’s alleged IP infringement, stating, “Our company is currently engaged in a dispute with the retail giant, The Range. Despite previously stocking Little Brian Paint Sticks (still available now), The Range have launched their own brand of Paint Sticks both online and in-store, including Wilkos. We were aware of the own-brand route as we quoted for the business, however, they did not use us for supply. Disturbingly, their products utilise our packaging, artwork, and branding in a manner that imitates our own, leading to significant consumer confusion and potential brand damage”.

This move by The Range has sparked outrage within Little Brian, who have taken assertive steps to protect their brand. “Several letters addressing this issue have been sent, only to be met with denials and push backs from The Range,” said The Directors of Tremart Ltd., owners of the Paints Sticks, brand.

Kelly Hudson, Director at McDaniels Law, said, “It’s a shame that Tremart have had to bring this action but this is a case where it appears there has been a flagrant copyright infringement, as the Range used to stock Tremart’s products and have ended that arrangement, subsequently bringing out a range with packaging that adopted numerous identical elements, many of which seem to have been lifted directly from the Little Brian Range. Indeed, the outline of the Little Brian character himself even appears on the back of the Ranges ’24 paint sticks’ version. Allegations also relate to unregistered design right infringement and passing off. We hope that the matter will progress to amicable resolution and that the other party will be realistic with regards to a settlement”.

Dids Macdonald OBE., Chairman and Co-Founder of ACID, said, “The current David & Goliath debacle with The Range and Little Brian is why I co-founded ACID in the first place when a behemoth retailer copied my own products. I challenge The Range to respond in a way that demonstrates corporate social responsibility in their respect for IP ethics and compliance by recognising the original IP ownership and design of such innovative products. By the sending “Paint Sticks” to another supplier to produce more cheaply is a blatant affront to the innovation that Little Brian has brought to their table. Stonewalling legal challenge and perpetuating litigation is a shameless tactic often used by challenged retail Goliaths”.    

The dispute underscores the ongoing battle for market share and brand integrity within the highly competitive arts and crafts sector. Little Brian’s challenge suggests a growing trend by behemoth brands including CDS to capitalise on the established market presence and trusted reputation of Little Brian’s Paint Sticks.

As the situation develops, industry observers will be keenly watching for potential legal actions or settlements. For now, Little Brian remains committed to defending its brand and ensuring consumers can trust the authenticity and quality of the products they purchase.

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