Trade marks and design infringements

We have very recently had an unpleasant encounter with a high st multiple who, having talked to us about one of our crochet products, suddenly produced their own with a very similar design

I cannot begin to describe the shock when you first see one of your own products, in a different colour but easily identifiable, in a retailer's gift guide

However out of this unpleasant experience i have made the acquaintance of 2 professionals and i would like to recommend them to you

Suzanne from Lawyers4mumpreneurs.com. email support@lawyers4mumpreneurs.com

Simon Coles from Graham Coles, www.grahamcoles.com

They turned a very unpleasant experience in to a lesson to be learnt and i am very grateful to them for their advice

In order to avoid the same thing happening to you here is some very sensible advice and information I was given by the above to ensure that our design rights are not ignored again.

"As discussed, the rights protecting the shape and appearance of products are design rights.

 The first owner of unregistered design right is (generally speaking) the designer unless:

 a) the design was created by an employee in the course of their employment - in which case the employer owns the right.

 b) the design was created as a result of a commission - in which case things get complicated.

 Unregistered design right subsists in new and original designs in two forms:

 i) UK Design Right - which lasts for a maximum of ten years from the date of first marketing (though in the final five years anyone who wishes to use the design must be granted a licence).. and

 ii) Community Design Right - which has effect in all 27 EU Member States but which lasts for only 3 years from the date of first marketing.

 Unregistered design right subsists automatically and is infringed by any third party copying the design.

 Registered designs entitle the owner to prevent the use of any design that creates the same overall impression as the registered design irrespective of whether or not it has been copied and lasts for up to 25 years.

An application for UK Registered Design may be filed up to 12 months after the design has been disclosed but thereafter the right to registration of an unregistered design is lost."