In another long drawn out legal dispute I have again managed to successfully enforce my rights against an alleged copyright infringer. The design in question was again my 'Black Etched Floral' design. The terms of the dispute & the resolution reached are confidential but you can read the released statement below that was shared via the always helpful & amazing company ACID (Anti Copying in Design):
'Rachael has previously taken action in respect of infringements and has received large scale press coverage in previous legal battles. As an artist who takes the time and effort to produce original, high quality work, she fails to see why others should get the opportunity to free ride on the back of this.
Rachael commented “Whilst furious at having to deal with yet another IP issue, I am delighted with such a positive outcome and I can now go back to focusing on designing new original works and pushing my business forward. It’s great that ACID publicise members’ enforcement success as this reinforces that ACID members know about their rights and have a robust IP strategy”.
Dids Macdonald, ACID’s CEO said, “IP respect within CSR should be a ‘given’ in business today together with ethics, compliance and best practice. Clearly there was a paucity in the company Rachael had to challenge”.
Kelly Hudson, an IP lawyer from ACID Legal Affiliates McDaniel & Co who acted for Rachael said, “Rachael has shown real determination by driving this matter forward to obtain a rightful outcome. This settlement cements her reputation within the industry as someone who is not prepared to tolerate any dilution of her rights and will take whatever action is needed. In view of this reputation it seems likely for her that we will be speaking less and less in the future!”'
This design has been a key print for my brand since 2008. You can find it on my online shop on various products & in different colour options such as on aprons, tea towels, oven mitts, mugs & cards. The design is also on some of my licensed ranges including on wallpaper with Wallpapered.com & on lampshades with Seascape Lamps. A huge thank you to ACID, ACID CEO Dids McDonald & to Kelly Hudson for all of their hard work & help on this matter.
You can read about one of my earlier cases here.