Retail organisation – copy action

It is not an unknown situation for some retailers to take ‘copy action’ whereby they directly copy someone’s design. It may be a fashion item, golf equipment or garden products, for example. It is probable that there has been a knowing breach of intellectual property rights. There are severe penalties for such infringement, hence when the aggrieved party discovers the copy action they have many rights, including the payment by the guilty party of all receipts from sales. It is sometimes possible to negotiate a settlement whereby both parties can retain a benefit.