Taylors Solicitors team fights off copyright claim for upmarket fabric firm

By Taylors Solicitors

12 Nov 2021

tony-catterall-of-taylors-solicitors-landscape.jpg

A luxury home textiles company advised by Blackburn-based commercial law firm Taylors Solicitors has successfully seen off a copyright infringement claim from a minority shareholder who is a well-known fabric designer.

Copyright specialist Tony Catterall led the Taylors team who acted for Cheshire company Arley House in defending proceedings issued by Barry Ward in the Intellectual Property Enterprise Court.

Mr Ward alleged that he owned more than 60 designs that he created for Arley House, and that the company had no right to use them.

Taylors secured a wholly favourable outcome for Arley House within just three months of being instructed.

Following service of a robust defence and counterclaim by Taylors, Mr Ward accepted that copyright in the six best-selling designs was owned outright by Arley House and that it had a perpetual, royalty-free licence to make and sell the rest of the designs that Mr Ward had created for the company.

As part of the arrangement, Mr Ward also agreed to transfer his minority shareholding in Arley House to its managing director Adrian Tratalos.

Arley House, an independent, boutique design house based in Ashley, near Altrincham, specialises in creating luxury fabric designs for the commercial and residential markets.

Mr Catterall, head of Taylors’ intellectual property team and an internationally-recognised authority on copyright, said: “We are very pleased that our advice to stand up to Mr Ward and fight this claim was fully justified. We were instructed after other solicitors advised that the company had a weak case.

“This ownership issue is a problem that we have successfully addressed for clients on a number of occasions, including the leading authority on ownership of commissioned copyright, Clearsprings Management Limited v BusinessLinx Limited, a case where the copyright was computer software.”

Mr Tratalos said: “We have achieved a result that goes well beyond our initial expectations and we are delighted with the outcome, which enables us to continue marketing many of our successful designs that had been put in jeopardy by the claimant’s unfounded allegations in these proceedings.

“We are extremely grateful to Taylors, and in particular to Tony Catterall for his recommendation that we take a firm line in defending this claim.”

The case follows a successful outcome for Taylors Solicitors in a recent copyright infringement claim brought on behalf of Portfolio Home, a home textiles supplier based in Denton, Greater Manchester.

Portfolio Home’s innovative and best-selling design Orkney was copied by Manor Park Trading, which marketed its fake product as ‘Aztec’ on online marketplaces.

Manor Park admitted liability before trial in 2019 and submitted to injunctions restraining sale of ‘Aztec’. In September, the company was ordered to pay five-figure damages to Portfolio Home for lost profits, plus a costs contribution.

Taylors’ renowned IP team has worked with businesses in the home furnishings industry for more than 30 years. Taylors is the only north west law firm to be appointed as a legal affiliate of ACID – Anti Copying in Design – a trade association for manufacturers and designers.

Latest news

1

Defence workers’ union calls on government to ‘buy British’ Eurofighter Typhoon

Defence workers’ union calls on government to ‘buy British’

18 Nov 2024

2

Three business leaders to provide expertise to University of Central Lancashire Lara Harrison, Celia Gaze and Michael Huckerby

Three business leaders to provide expertise to University of Central Lancashire

18 Nov 2024

3

Maple Grove completes Victoria Trading Estate with more lettings Victoria Trading Estate

Maple Grove completes Victoria Trading Estate with more lettings

18 Nov 2024

4

Kelmore strengthens laboratory team with strategic appointments Alistair Sharp and Usman Rasul

Kelmore strengthens laboratory team with strategic appointments

15 Nov 2024

5

Green tech firm signs £10m Azerbaijan MOU at COP29 The Carbonbit signing ceremony

Green tech firm signs £10m Azerbaijan MOU at COP29

15 Nov 2024

PC PrestonMacan GIF980x120
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:00 - 16:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 2
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
15 Oct 2024 - 17 Dec 2024

Skills Bootcamp in Procurement - Cohort 2

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

North West HR Employers Forum
CBP-logo LBV.png.png
LBV Hub Seminars
20 Nov 2024 - 20 Nov 2024

North West HR Employers Forum

Wham Stadium, Accrington Stanley, Livingstone Road, Accrington, BB5 5BX

09:00 - 12:00

LBV119 Magazine Launch Event
DSC9389
Networking
20 Nov 2024

LBV119 Magazine Launch Event

Stonyhurst College, Clitheroe, BB7 9PT

16:00 - 18:00

Live Work Create: Building Community In The Modern World
Live-Work-Create-Building-Community-1024x1024.png.png
LBV Hub Networking
20 Nov 2024

Live Work Create: Building Community In The Modern World

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 20:00

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!
Quiz Pic.jpg.jpg
LBV Hub Fundraisers
21 Nov 2024 - 21 Nov 2024

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:30

Emergency First Aid at Work
Chamber Logo1.png.png
LBV Hub Seminars
21 Nov 2024

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 05:00

SPARK The Apprenticeship Marketplace
UCLanAerialCampus.jpg.jpg
LBV Hub Networking
21 Nov 2024 - 21 Nov 2024

SPARK The Apprenticeship Marketplace

University of Central Lancashire, Preston, PR1 2HE

09:30 - 13:00

NLP Diploma Foundations
nlp nov 24.png.png
LBV Hub Seminars
22 Nov 2024 - 24 Nov 2024

NLP Diploma Foundations

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:00 - 17:00

Lancashire Business Day 2024
231124LBVLancashireDayEventweb 5782
Networking
22 Nov 2024

Lancashire Business Day 2024

Blackburn Rovers Football Club, Blackburn, BB2 4JF

12:00 - 17:00

CQI and IRCA Lead Auditor Training Course ISO 9001 – Quality Management Systems (QMS) - REMOTE
IRCA-Certified-Course.jpg.jpg
LBV Hub Webinar
25 Nov 2024 - 29 Nov 2024

CQI and IRCA Lead Auditor Training Course ISO 9001 – Quality Management Systems (QMS) - REMOTE

Via MS Teams Link - RKMS Group , Blackpool, FY4 2DP

09:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin