Published on 20 - March - 2012
La Hacienda takes legal action against White ShoresThe outdoor heating supplier recently challenged White Shores over alleged design right and trade mark infringements, resulting in La Hacienda winning damages and payment of costs.
La Hacienda enforced its IP rights after it said it discovered White Shores selling "inferior quality chimeneas under the La Hacienda brand name." The chimeneas in question were subject to an agreement they would not be sold in the UK, due to alleged infringement of La Hacienda's registered design rights. White Shores had purchased the chimeneas from the manufacturer on the premise that they were to be marketed outside of the UK, but had subsequently sold them in the jurisdiction under the La Hacienda name, using its registered trade mark to do so.
When the infringement was discovered by La Hacienda, the company corresponded with Anti Copying in Design law firm McDaniel & Co to send a cease and desist letter, and follow up with further correspondence. La Hacienda said it, "made clear its intention to take the matter as far as necessary to protect its IP rights, particularly so in light of the blatant infringement which had taken place."
La Hacienda's director Simon Goodwin said: "La Hacienda views IP as a key asset, it is what sets us apart from our competitors. Therefore we needed to make a stand in protecting this asset and are delighted with the success we have had and the clear message we have made to the industry."
On behalf of McDaniel & Co, Kelly Hudson said: "La Hacienda has made a clear statement to the industry that infringement of the company's IP rights will not be taken lightly. A strong IP policy has been adopted to protect the excellent reputation La Hacienda has worked so hard to build. The success against White Shores re-enforces this and sets a clear example to potential infringers."
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