Wragge & Co's IP experts secure victory for Kohler Mira in the Patents County Court
Wragge & Co's IP team has triumphed again in the Patents County Court (PCC), this time advising Kohler Mira on a design infringement case against Bristan Group.
The case relates to Bristan's Glee, Joy and Smile shower products, which were found to infringe Kohler Mira's UK unregistered design right. It represents Wragge & Co's second trial in the PCC within six months. Last year the team secured victory against BOS GmbH & Co. KG for automotive manufacturer Cobra UK, in one of the first full patent cases to be heard in the PCC since the major procedural changes were introduced in 2010.
Director Claire O'Brien, who led the case with IP partner Gordon Harris, said: "This is a significant result for our client - sending a clear message to its competitors that Kohler Mira will not tolerate infringement of its IP rights. The client had confidence we would deliver. The case is interesting as it highlights that it would make no difference to a finding of infringement whether copying was conscious or subconscious."
Gordon Harris added: "This is the second time that Kohler Mira has gone into battle over this design. The first time around, the case was settled with the product in issue being removed from the market. Hopefully the market will soon learn that Kohler Mira takes its intellectual property rights very seriously."
Kohler Mira's Marketing Director Craig Baker said: "Kohler Mira invests significantly in its guiding principle to live on the leading edge of design and innovation. It is vital that this is backed with a strong commitment to defend its IP. Wragge & Co's IP team has been instrumental in securing our zero tolerance reputation within the industry over the past few years and we are extremely pleased to secure another significant result in support of this."
The Wragge & Co team worked closely with Kohler Mira's New Product Development Director Andy Baines, Marketing Director Craig Baker, Designs Director Simon Browning and patent and trade mark attorney firm, Barker Brettell. Withers & Rogers LLP advised Bristan.
Kohler Mira is a subsidiary of US-based company, Kohler Co. It designs and manufactures showers including electric, mixer, digital and power showers, along with shower trays and enclosures. Wragge & Co's IP team has advised Kohler Mira since 2009 on intellectual property infringement matters.
Wragge & Co's 11-partner, cross-border IP team advises on the full range of IP issues - trade mark, patent, copyright, design rights, brand management, advertising and marketing and franchising.
Highlights in the last six months include securing victory for clients Contour Aerospace Limited and Delta Air Lines, Inc in a long-running battle with Virgin Atlantic Airways Limited. Earlier this month Wragge & Co announced the appointment of director Ina Gerstberger, an IP, regulatory and contracts specialist, to its Munich office.
For further information about this press release, contact Kathryn Hobbs on +44 (0)121 685 2785, Bernice Marks on +44 (0)121 685 2708 or Liam Thompson on +44 (0)121 685 2943
This press release may contain information of general interest about current legal issues, but does not give legal advice.