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Why dоes the signer use а prаnk cigаr as a trick?
Yоu hаve been pаssed а client by yоur firm’s litigatiоn department for advice. The firm acts for Cultura Ltd, a multinational clothing company based in the UK with a particular focus on fast-fashion (ie. they stay up to “trend” by launching clothing quickly which is reminiscent of other popular styles). Whilst Cultura has largely avoided any significant issues with other brands, they have been sued by a litigant in person (Mrs Wells) who alleges the following: That the name of Cultura’s SCOOP fashion leggings is a direct copy of her “SCOOPING” fashion leggings; That the leggings are a copy of her SCOOP fashion leggings and are likely to suggest to consumers that they are her leggings or were produced with her consent or agreement because they contain the following key features which she says are seen as features of her leggings: That they sculpt the buttocks and give an attractive appearance; That they have a wide elasticated waistband with a contrast colour and a repeating word around the waistband; That they have a pouch on the leg to put a mobile phone in. That these are definitely an intentional copy because she remembers that a member of staff of Cultura attended one of her stands at an exhibition; That these are definitely an intentional copy because they feature a repeating pattern of small “sailor-style” tattoos like bluebirds, anchors and skulls. That these are definitely an intentional copy because she emailed the managing director in 2022 to suggest a collaboration and included copies of her designs. Mrs West does not own any registered trade marks. All of the letters asserting infringement were sent to the corporate headquarters and were addressed to the company as a whole. Cultura did not take the claims seriously until they received the claim form and particulars of claim commencing a claim in the Intellectual Property Enterprise Court: the covering letter suggests this was sent by Mrs Wells 10 days ago, and 4 identical sets were sent. Looking at the claim and the particulars of claim you see that the defendants are: Cultura Ltd Peter Davids Claire Davids Steven Rogerson Cultura explains to you that Peter is the Managing Director; Claire is his wife, who is nominally a director but doesn’t actually do anything except attend board meetings and vote on motions there; Steven Rogerson is the Head of Creative, and so it is his team which will have chosen the leggings. Cultura also explains that until they received this letter, the three individuals had no idea about the claim: none of the letters were sent specifically to them and there is nothing in the letters which made any allegations against them. As well as the letter accompanying the particulars of claim and the claim form (which also included a complete “response pack”), a second letter was sent which is marked “WITHOUT PREJUDICE SAVE AS TO COSTS” and which invites the company (and the individuals) to engage in “alternative dispute resolution”. The company seeks your assistance: it tells you that it does not design all its products, but instead buys some “off the peg” from certain Chinese manufacturers. The leggings complained of were designed by one of these manufacturers. Cultura finishes the products in the EU and so markets them as “made in the EU”: it does not want that illusion to be lost, and also would not want to reveal to the industry which manufacturers it gets its products from, and so it has concerns about what this litigation might mean for it. It thinks the claim is simply hopeless, as each of the elements relied upon was common in the industry by the time their leggings got to market and so does not indicate any particular company – the only thing which indicated the brand was their own company’s CULTURA mark. Alongside being worried about the revelation that they use Chinese factories, Cultura is also concerned about looking like they are a company that copies, and of the risk of looking like a big company taking advantage of a lone designer. It asks for the following: A brief explanation of the next steps if they defend the claim through to trial; What financial implications are involved if they win / lose; What is meant by alternative dispute resolution and whether that would be in their interests Please note: you are not expected to explain any substantive requirements of the law of designs, copyright or passing off