Case Study One
Three Anti Copying in Design (ACID) members were recently interviewed on BBC One’s show, Northern Justice. This was an exposé exploring how people can be affected in extraordinary situations with specialist legal support. Their tales are full of courage, determination, and thankfully, victory, in the landscape of intellectual property (IP) infringement.
Through ACID’s legal affiliate scheme the three contacted Niall Head-Rapson of McDaniels Law, who gave them legal advice, sent “Letters Before Action” (LBAs) to the major high street retailers provided expert legal direction which proved to be successful in their claims and disputes.
With a lifetime of interest in design and experience behind him, Nick Robinson and his brothers, Jamie and Ashley, embarked on creating a company, selling baby products called BabaBing. It grew into a successful enterprise with great design at its heart.
Nick discovered Aldi was selling a very similar baby changing bag to theirs at less than half the retail price. Aldi refused to back down at first, but once a robust case against them had been created with the threat of court action, Aldi backed down. Even though officially they refused to accept liability, they took the bags off the market and agreed to never sell them in their stores again.
Nick Robinson, Head of BabaBing, said, “We were damn sure we were going to fight our case, because it’s about principle, it’s just not right. The inferior product was detrimental to the brand. It’s about brand reputation, we had to stand our ground.”
Niall Head-Rapson, McDaniels Law, said, “They’d invested time, money, effort into creating a brand, creating a product, they had to take action to protect their business.”
Dids Macdonald, OBE CEO of ACID said, “I am delighted that the BBC have highlighted this continuing and insidious culture by high street retailers to free ride on the back of innovators quite blatantly. They must be held to account, and I am delighted that through our legal affiliate scheme offering initial free legal advice and reduced fees, they were able to access specialist legal advice.”
Statement from Aldi, 2019, “We aim to provide our customers with products of a similar high quality to the leading brands but at a fraction of the price. We sell a wide range of baby products that are hugely popular with parents, and we will consider Mr. Robinson’s views when planning future ranges.”
You can view BabaBing’s story here.