Spot the Difference

ORIGINAL OR COPY? SPOT THE DIFFERENCE!

Since 2017, when Triclimb Ltd was created, the Triclimb is now the best-selling Pikler triangle in the UK. Triclimb now have a range of products and sell to retailers throughout the EU and beyond.

On 23^rd September 2021, alarm bells started to ring when a Triclimb customer sent a message to Triclimb with a photo of the latest Aldi Specialbuy catalogue. The customer had noticed that there was a product in the catalogue that not only bore a striking resemblance to the Triclimb frame but was being advertised as a “Wooden Tri-climb.” The Triclimb trademark (UK 000032870330 and design registrations are owned by Triclimb and its founders).

Read all about ACID member Triclimb Ltd’s ongoing “David and Goliath” battle with Aldi in our Newsdesk article here.

Em Royston, Designer, Creator and Owner of Chasing Threads says in her latest blog, “Coping with Copycats – It’s probably every designer’s biggest fear… Being sent a link to a product that looks oh so very familiar but is just all wrong. The screen shows you a design you’ve looked at a million times, but there are slight differences, and you know something is not right: Someone has stolen your idea, replicated it, and is passing it off as their own. Many ACID members will remember we featured Em Royston of Chasing Threads in a recent ACID member focus here. No stranger to her innovative designs being ripped off, we also shared information about a successful take down of a knock off design on Etsy here. Em’s troubles are not over and it makes sad reading to hear her latest debacle.

Anti Copying In Design (A©ID) members Old English Company Ltd, who design and manufacture a range of high-quality bespoke giftware items, has successfully resolved a copyright infringement dispute against national supermarket chain Morrisons over the sale of infringing designs printed on mugs. Old English Company were assisted by ACID’s legal affiliate, McDaniels Law. Despite not admitting liability, Morrisons and Old English reached a settlement, the terms of which are confidential. Read the full article here.

Global retailer COS (owned by H & M) recently engaged in alternative dispute resolution in the form of a mediation with ACID member and fashion designer Jess Linklater of Robe de Voyage. Despite COS not admitting liability, Linklater is content with the settlement. A strict condition of the mediation agreement was that the terms of settlement remain confidential. Read the full article here.

When freelance furniture designer Simone Brewster designed a cabinet for Swoon, she didn’t hear anything back so naturally assumed that Swoon Editions were not going to use her designs. However, when she discovered that Swoon had, not only used her designs without permission, but had put them into production and were actively marketing them, she got angry. Brewster instructed lawyers but the first offer from Swoon would not even have covered her legal fees. So, as many SME designers now do, she decided she had to make the design community know about the unfairness and ask their opinion. In a resounding social media response which went viral, Swoon Editions stepped up to the mark and apologised unreservedly. Read the full article here.

An Intellectual Property dispute has been settled in Small Claims Court resulting in Royal Armouries paying £5000 to ACID member Table Art after an infringement of their tall mirror ball and frosted Christmas tree table centrepieces. Read the full article here.

Letter Before Action (LBA) results in another IP infringement success story for ACID Member Shoeless Joe Ltd after a multitude of products are copied by giftware company Kandy Toys. Read more about the story here.

Rich Energy’s un-authorised use of Whyte Bikes Logo is to end following a court battle and victory for the award-winning British bicycle brand. Read more about the story here.

Following a recent high-profile BBC (50.12) exposé of cheap look-alike baby bags being sold by supermarket chain ALDI, remarkably similar to those designed by ACID member BabaBing, Aldi’s lawyers have announced they will no longer be selling them, but without admitting liability. Read more here.

For example, in the case of Tatty Devine and Claire’s Accessories (necklaces below), this received an instant result with Claire’s Accessories removing an alleged lookalike of Tatty Devine’s design within 24 hours.  But beware of doing this without expert legal advice as you have to be very careful of defamation and not make groundless threats. ACID can advise!

For too long designers have felt helpless against copyists, especially if they are big companies because design law is so complex.  We want you to send us your examples which we will carefully consider adding to this site to raise awareness about the increasing number of lookalikes appearing in the marketplace and highlight through social media for you to judge. Below is a very small sample of some of case studies, only a very few reached a final Court hearing.

The culture that it is alright to steal designs can be based on arrogance, ignorance or greed but has, quite simply, got to stop! Sometimes, the strategy of large organisations is to change the designs so it is very difficult to legally challenge but at the same time it is clear that there was an intent to copy.

ACID is at the front line, working towards design law reform, helping its members protect their precious intellectual property. Why not join us to increase our campaigning power and put pressure on those who persist in taking the fast track to market? JOIN NOW!

Following a recent high-profile BBC (50.12) exposé of cheap look-alike baby bags being sold by supermarket chain ALDI, remarkably similar to those designed by Anti Copying in Design (ACID) member BabaBing, Aldi’s lawyers have announced they will no longer be selling them, but without admitting liability.

For example, in the case of Tatty Devine and Claire’s Accessories (necklaces below), this received an instant result with Claire’s Accessories removing an alleged lookalike of Tatty Devine’s design within 24 hours.  But beware of doing this without expert legal advice as you have to be very careful of defamation and not make groundless threats. ACID can advise!

For too long designers have felt helpless against copyists, especially if they are big companies because design law is so complex.  We want you to send us your examples which we will carefully consider adding to this site to raise awareness about the increasing number of lookalikes appearing in the marketplace and highlight through social media for you to judge. Below is a very small sample of some of case studies, only a very few reached a final Court hearing.

The culture that it is alright to steal designs can be based on arrogance, ignorance or greed but has, quite simply, got to stop! Sometimes, the strategy of large organisations is to change the designs so it is very difficult to legally challenge but at the same time it is clear that there was an intent to copy.

ACID is at the front line, working towards design law reform, helping its members protect their precious intellectual property. Why not join us to increase our campaigning power and put pressure on those who persist in taking the fast track to market? JOIN NOW!