Following a letter before action delivered to Kandy Toys, Shoeless Joe, a new A©ID member having discovered that Kandy Toys were selling copies of their range of seaside mobiles and other gifts, achieved a swift response when Kandy Toys paid them £2500 in damages and costs and agreed that the gifts could be donated to Barnardos.
Shaun Keir-Tomolin of Shoeless Joe said, We used our ACID membership to contact legal affiliates McDaniel & Co and ask advice when we discovered these copies. Whilst Kandy toys have responded positively by settling this infringement speedily, it is a lesson to all that we take the protection of our IP very seriously and will enforce it whenever necessary. After all, we lead the way with original innovative designs with significant investment into design, R & D and using it without our permission is against the law.
Niall Head-Rapson, a Partner in ACID affiliate lawyers McDaniel & Co said, Sending a Letter Before Action (LBA) doesnt mean going all the way to Court but can be a very cost-effective means of fast tracking a settlement especially when there is absolutely crystal-clear evidence of IP ownership. This is where the ACID IP Databank comes in very useful. Independent evidence of the date designs are lodged on the IP Databank, provides compelling evidence to prove IP ownership.
Dids Macdonald, OBE., CEO of ACID said, Shoeless Joe was exhibiting at ACID Accredited Autumn Fair this week and our presence over two decades gives exhibitors confidence that IP issues can be dealt with quickly and efficiently by our legal affiliates and reinforces the shows zero tolerance to IP theft.”
You can view the similarities highlighted between Shoeless Joe and Kandy Toys here.
For over 25 years Shoeless Joe have been trading ethically and sustainably. Their hand-made products are a curated collection from around the world with their own quirky designs adding a bit of uber-vivacity. They design from a sun filled studio in the cathedral quarter in Lincoln, but travel globally, looking for family run manufacturers, asking them to produce small production runs of exclusive products at an affordable price. In return Shoeless Joe for all materials with order, so manufacturers don’t need to take out any expensive loans.
They dont hard sell, they dont need to, hoping that their customers find them a fun loving relaxed and easy-going company, whose employees you can work in partnership with.