Last year I complained about Australia’s lax copyright laws, and how our light designs like Coral were being copied and sold by unscrupulous dealers. Well, we took them on and with the amazing help of the legal team at K & L Gates, we succeeded.
8th April 2016
At least eight companies who were selling the fakes have stopped. This includes two major national retailers and several dedicated "replica" retailers. At first, several of them ignored our demands to ‘cease and desist’. So we filed proceedings against them at the Federal Court. This showed that we had a case and meant business - it did the trick.
Thousands of replica pendants have been destroyed or taken off the market. And here is the amazing part: we have been able to cover all our legal expenses with the monies paid out in settlement! Because our initial demand was ignored, our costs went up and so did our demands for damages. If they had agreed to settle at the outset it would have cost them a lot less.
Many of those to whom we wrote initially argued that because my designs were not registered they were legally entitled to sell copies of them, but K&L Gates put forward a novel argument that countered this claim.
Heartfelt thanks to Chris Round and his team at K&L Gates, Melbourne. Chris, a partner in the K&L Gates intellectual property group, observed, "It is an honour to work with an innovative company like David Trubridge. To assist in preventing the copying in Australia of iconic works such as Coral and Floral is very pleasing.”
This has hurt both us and our loyal network of distributors. But now that it is over we hope to see our sales in Australia bounce back to where they were before the fakes entered the market.
"Thousands of replica pendants have been destroyed or taken off the market"
Save the Date
Upcoming Related Event, Sunday June 5th 2-5pm, Factory Design District, 901 Bourke Street, Waterloo, Sydney, NSW.
Design Talk from 2pm
A conversation with Anne-Maree Sargeant of the AUTHENTIC DESIGN ALLIANCE. David will share his stories of having his work copied; both the losses and successes in fighting the fakes and unauthorised copies in Australia.
Design Event Drinks and Celebration, from 3pm
Afterwards there will be a demolition party where all guests are invited to participate and have fun expressing their feelings about the copiers and fakers...watch this space!