Small company wins against M&S in £3m law suit

02 04 2005 United Kingdom

A court has ordered Marks & Spencer to pay £750,000 in damages to a small design company after the High Street chain infringed the company’s copyright for a retail display unit.

Luton-based Spiralstem Ltd had been contracted by Marks & Spencer to design a special display for use in the client’s flagship Marble Arch store. But the display was copied and used in other stores as well.

The court found that the High Street retail chain had taken photographs of the display unit and then used them to make copies for most of its other stores. The conduct of Marks & Spencer was condemned by the judge as “flagrant”.

The total bill for the long-running court case, including costs awarded against Marks and Spencer, is estimated to reach £3 million.

This is the latest of several design infringement cases brought by small design companies against Marks & Spencer and other big retailers.

In December 2001 Paul Edwick of ‘Lucy Locket’ took action against Marks & Spencer over a dress called The Mermaid. Marks & Spencer agreed to an out-of-court settlement with no admission of liability.

House of Fraser was successfully challenged for selling clothing under their own ‘Therapy’ brand. The designs were originally produced by Baby Ceylon who owned the rights.

Some of these cases are among 150 successful settlements pursued since 1996 by ACID (Anti Copying In Design), an organisation that fights design piracy.

You can visit their website here - Anti Copying In Design (ACID) (page opens in a new window)

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