Pendle Metalwares

17/11/2021

"Spinless Animals Under Threat"

A fifth of animals without backbones could be at risk of extinction, according to scientists.

04/02/2015

’In my judgment, Mr Murphy (KEVIN JAMES MURPHY) was not a truthful witness. As explained in more detail later, I found his evidence to be so at odds with much of the contemporaneous documentation and with commercial probability as to be not credible.’ For the reasons submitted by Pendle, I am unable to accept that the fact that he was no longer employed by the defendants meant that he was independent of them. He had a clear interest in seeking to justify his conduct in obtaining the Defendants' Bins from Shunde in the circumstances which occurred and which is the reason that this case has come to court. His company also continues to represent EMPTEEZY in Africa so there is an on-going commercial relationship between them.’ Deputy Judge Stuart Isaacs QC

04/02/2015

‘Pendle attacked his (KEVIN JAMES MURPHY) credibility strongly. It submitted that even on his own evidence (referred to below) he arranged for the copying of Pendle 1. He (KEVIN JAMES MURPHY) has an interest in justifying his conduct because he was the person responsible for sourcing the Shùnde bins and for this litigation. It submitted that he either lied or else his evidence was unreliable because he had so substantially reconstructed the events in question in his own mind so as to render the defendants not liable. It pointed out that when confronted with a document or photograph that was not consistent with the defendants' case, he offered no credible explanation of the document or photograph in question.’ Deputy Judge Stuart Isaacs QC

29/05/2014

Is there anything worse than a bad loser, especially one who has not only been caught out by other people's hard work and determination to see something through until the end, but also by his own gross stupidity and arrogance ?

28/04/2014

27/04/2014

27/04/2014

http://www.humphreys.co.uk/articles/designs_1771.htm

How to register a design: registered design rights & copyright protection: solicitors: Bristol, London, UK, EU design registration infringement claims: Humphreys.

27/04/2014

Free legal content from LexisNexis Butterworths: All England Reporter Cases - Pendle Metalwares Ltd (trading as Thomas Barker & Son) v Walter Page (Safeway's) Ltd and another company - [2012] All ER (D) 04 (Aug)

27/04/2014

What The Papers Say (3)

Pendle Metalwares stubs out design right and copyright infringement and passing off23 August 2012Paul GershlickFiled under: Commercial/IP/IT, NewsPendle Metalwares Ltd (trading as Thomas Barker & Son) v Walter Page (Safeway’s) Ltd and Empteezy Ltd, High CourtPendle Metalwares (PM) designed cigarette…

27/04/2014

What The Papers Say (2)

Pendle Metalwares is in line for a compensation payout after a High Court judge ruled its copyright and design rights had been infringed by Scottish company Empteezy and its subsidiary Walter Page Safeways, suppliers of health and safety products.

27/04/2014

What The Papers

AllNewsEventsBusiness Barometer09/08/12 Judge Slams ‘Flagrant’ Infringement of Cigarette Bin Designs A small family company has triumphed in its High Court fight to protect its valuable designs for outside cigarette bins from a multinational rival. Pendle Metalwares Limited began designing the bins…

27/04/2014

JUDGE FINDS MEMBERS OF MULTI-NATIONAL ORGANISATION LIABLE FOR FLAGRANTLY INFRINGING THE DESIGN RIGHTS OF A SMALL FAMILY BUSINESS.

Empteezy Ltd, a major supplier of health & safety products based at Muir Road, Livingston, Scotland who’s UK trading divisions include Walter Page (Safeways) Ltd & Guardian Safety Products and with overseas divisions in Benelux, Estonia, France, Hong Kong, Italy, Spain, Netherlands and the United Arab Emirates, has been found liable for flagrantly infringing the UK Unregistered Design Rights & European Unregistered Design Rights of Pendle Metalwares Ltd.

Pendle, a small family run manufacturing company, based in Trafford Park, Manchester since 1983, supplied former distributor Empteezy Ltd and subsidiary Walter Page with items from its range of Cigarette Disposal Bins. The infringement occurred following the decision to de list Pendle as a supplier and source copies of Pendle’s Cigarette Disposal Bins from the Far East.
The court found that samples of bins from Pendle’s range of Cigarette Disposal Bins were made available to a Far Eastern manufacturer to be copied and that the resulting defendants’ bins, subsequently imported into the UK, had been deliberately copied and were substantially indistinguishable from Pendle’s bins.

The court also held that Empteezy Ltd and its subsidiary breached Pendle’s copyright in the photographs of items from its Cigarette Disposal Range by offering for sale and selling the infringing products via the Empteezy Ltd and Walter Page (Safeways) Ltd websites whilst, without Pendle’s permission, displaying photographs of original Pendle products on those websites to promote the sale of the infringing products. The court further held that such acts by the defendants amounted to a misrepresentation to prospective purchasers and went on to find the defendants additionally liable to Pendle for the civil wrong of passing off. Empteezy and Walter Page have further supplied infringing copies of bins from the Pendle range to their trade customers including many large industrial mail order companies who are likely to have been duped into selling infringing copies whilst displaying images of original Pendle products on their websites.

It has been a grueling five year legal battle for Pendle, culminating in a six day trial upon liability earlier this year. The trial at The Royal Courts of Justice, Chancery Division before Judge Stuart Isaacs QC resulted in judgment, in Pendle's favour, being handed down on 31st July 2012.

All in all small firms do not need to roll over if a company, irrespective of superior financial standing, attempt to underhandedly, steal the very business from you. If you have kept your records, get the right advice & support and have the determination you can enforce you rights in law, it is not easy or without risk, but it can certainly can be done.