Manchester-based Home Textiles company, Portfolio Home, a subsidiary of Evans Textile Group, has obtained a judgment for a significant amount and costs contribution following its successful claim for copyright infringement against Manor Park Trading Company Ltd.
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 such as Amazon. Sales of Orkney declined significantly when “Aztec” was launched and Portfolio Home instructed copyright specialist Tony Catterall of Manchester and Blackburn-based Taylors Solicitors to issue proceedings in the Intellectual Property Enterprise Court.
Manor Park Trading initially denied the claim on the basis that the respective designs were different, but admitted liability immediately before trial. Manor Park Trading submitted to injunctions restraining sale of Aztec and an order for a damages inquiry, which was heard on 14 September 2021. The Judge accepted Bridstock Gate’s calculation of its lost profit for the period “Aztec” was on sale and for the following two years, ordering Manor Park, to pay damages.
Paul Callan, the Managing Director of Portfolio Home, said: “We are pleased to have concluded this claim on the basis that we have established the principle that Evans Textile Group will not stand for copyright infringement. We take great pride in the innovative nature of our products and invest heavily in the design of our original textile ranges. This case has shown that we will pursue anybody who crosses the line into plagiarism of our designs.”
Tony Catterall of Taylors Solicitors, said: “We are delighted to have brought this claim to a successful conclusion on behalf of Portfolio Home. Reputable firms in the textile trade spend vast sums on their design function and it is immensely frustrating to see a successful design copied. The result of this claim demonstrates that our clients can be confident of using the legal system to protect their investment in original designs.”
The successful conclusion of the copy right infringement against Manor Park Trading Limited for the Orkney design has been established in a court of law. As a leading supplier to trade, Portfolio do not and will not hold any buy boxes for products on Amazon or other trading platforms.
Paul concluded: “We have a strict pricing policy to sell at the same price for each and every customer with no influence on customer selling prices across any platforms. We believe this is a fair and equal way of doing business. We endeavor to protect our selected and long-standing customers who sell on online marketplaces from new competing sellers and possible fraudulent designs from other suppliers.”