Case Study Two

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.

Anti Copying in Design (ACID) Member Christine Chau and her sister, Jenny, designed a new way of creating quality, luxury dog beds. They also researched and developed an extensive care booklet on how to wash and take care of their dog beds with detailed fabric information. Christine has not yet named the copyist through fear of reprisals.

Christine found copies of her dog beds; most astonishingly, her specialist wash care instructions had been lifted from her website. Such blatant copying meant Christine had to defend herself, and her livelihood. Through access to the ACID legal affiliate scheme, she was able to get help and support from Niall Head-Rapson who issued them cease and desist letter. When those fell on deaf ears, Christine decided to follow advice and take them to the Small Claims Court. Christine had compelling evidence to support their intellectual property ownership and claim, which put the burden of proof on the copyist.

The Judge decided the other company had infringed and ruled in favour of Christine’s copyright and passing off copyrighted works. The injunction means that Christine has a Court judgment against the company who will think twice before copying her again. The legal teams are still quantifying legal damages.

Christine Chau, Co-founder of Charley Chau, said, “We have really put our heart and soul into this company. There have been a lot of personal sacrifices, to then see someone else take our ideas and reap the benefits of it, it just feels like a punch in the guts really actually. I was terrified, absolutely terrified of having to go to court.”

Niall Head-Rapson, McDaniels Law, said, “These innovators like Christine, put a huge amount of time and effort into insuring that you have as good an experience as they can make it for you. And if you just allow people to slavishly copy and not take the time, then those new products, those new designs, they won’t happen, and society will be the poorer for it.”

Dids Macdonald, OBE., CEO of ACID said, “It is BBC programmes like “Northern Justice” which expose the vulnerability of those that innovate and the blatancy of the Goliaths of this world whose culture is to copy! ACID is in regular monthly talks with the Intellectual Property Office to find solutions once and for all. All these case studies have been shared with the government and the copycats named and shamed.”

You can view Charley Chau’s story here.

Charley Chau

McDaniels Law