Anti-Copying in Design (ACID) members Talking Tables have reached a settlement with retail giant B&M Bargains regarding infringement of their hugely successful Prosecco Pong game. Following an application for an interim injunction to the High Court, B&M Bargains agreed to remove the product from sale, pay Talking Tables its legal costs and substantial damages.
The “Prosecco Shot Pong” game became a huge hit for Talking Tables and was featured in worldwide press coverage and won the prestigious Gift of the Year at International Spring Fair 2018. Talking Tables registered a trade mark for the name ‘Prosecco Pong’ as well as registering the design of their external and internal packaging of the game. Sadly, imitation products flooded the market.
Kelly Hudson of ACID Legal Affiliates, McDaniel & Co., acting on behalf of Talking Tables said, “We were successful in securing the removal of some products from the market and in other instances were able to force the packaging of competitor’s products (including major retailers such as Home Bargains) to be changed. The most worrying imitation, however, was that ‘Prosecco Shot Pong’ was being offered for sale by B&M Bargains whose reputation as a discount retailer had the potential to cause real harm both to Talking Tables’ sales and, just as importantly to their brand and reputation.”
ACID Comment “It seems a travesty that Talking Tables had to apply for an interim injunction before B & M Bargains would agree to settle and pay substantial damages. Discount retailing should stick to selling generic products and not stray into infringing the IP rights of design-led companies such as Talking Tables. Do they really want a reputation as imitators?”
Talking Tables have an absolute zero tolerance of emerging lookalikes and have shown that they take immediate and decisive action. They work very closely with ACID affiliate McDaniel & Co and have worked out a proactive IP strategy to take quick, effective action resulting in an extremely positive outcome which has secured both the sales profile of one of their strongest sellers and their own reputation for designing high quality, classy products. And rightly so!
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