Gift Focus inc Attire Accessories - November/December 2022

78 David vs Goliath Dids Macdonald, CEO of Anti Copying in Design (ACID), looks at David vs Goliath copycat cases that have been exposed DAVID V GOLIATH COPYCATS EXPOSED – THE PENNY HAS FINALLY DROPPED! Thanks to a government acknowledgement, dealing with Goliath copycats is now on the top of their agenda prior to a new 2023 consultation on design and Intellectual Property (IP) issues. For over twenty years Anti Copying in Design (ACID) has been submitting SME case studies to support the David v Goliath problems but only now has it resonated and we are now in high level discussions with Intellectual Property Office policy officials to resolve this issue, so the writing is on the wall. IP Infringement or copying is but a sanitised word for theft. After a recent BBC exposé highlighting three ACID members whose designs had been infringed by behemoth retailers, the word is out. Aldi, no strangers to being accused of high-profile lookalikes, were the first to be exposed in a case taken by ACID member Nick Robinson of BaBaBing. Well known for their designs that makes managing babies’ lives easier, BaBaBing had invested heavily in their baby bag design only to find cheap lookalikes being peddled by Aldi at half the price. Is this fair competition? Many may also remember another recent case against Aldi by ACID Ambassador Chris Dunford when they produced a replica of her innovative Triclimb frame for children. And of course the recent Aldi retreat when Marks & Spencer took the giant on, challenging the Colin the Caterpillar look alike. In all the cases Aldi settled without admitting liability. This is a typical strategy adopted by big brand lawyers who represent them who settle at the last moment before they are accountable to a Judge. When Anti Copying in Design (ACID) member Sarah Greenwell of Little Big Toys, embarked on a courageous journey to develop her company, she used her life savings to manufacture her ingenious idea of creating a Christmas elf who engenders kindness. The novel element is the sticker good behaviour chart that comes with the elf. Sarah found her elves had been copied and were being sold by superstore B&M. When the first letter before action (LBA) failed, Niall and 