Essential reading for retailers and suppliers in the home improvement market

Fake product pulled from supermarket shelves

Published: 30 September 2010
Fusionbrands Inc, manufacturer and distributor of the silicone egg poacher poachpod, has brought a successful lawsuit in the UK against an infringing product.
Fake product pulled from supermarket shelves
The products, supplied to a grocery chain by a third party, carried the poachpod trademark unlawfully and without authorisation. The grocer delivered up all infringing products for destruction and the supplier was ordered to pay undisclosed damages.

The name of the grocer has not been divulged, nor the number of units destroyed. Talking to DIY Week, Fusionbrands president Kraigh Stewart said: "I do not want to mention the name of the grocer or the sums involved as it, and its supplier, cooperated fully when they were approached and removed the infringing article from the grocer's shelves."

However, he did reveal that, "by the time we stopped the distribution and sales the grocers had sold over 15,000 of the infringing articles. Fusionbrands was happy to accept a monetary settlement that reflected the level of sales, an undertaking on future conduct and the delivery up of the remaining infringing products for destruction."

The company also filed a lawsuit in the US last week against "one of the largest speciality cookware retailers in the United States" alleging, among other things, trademark infringement, false advertising and violations of the Uniform Deceptive Trade Practices Act in connection with the retailer's unauthorised use of the term poachpod.

Mr Stewart explained: "It is not our intention to litigate against retailers but we will vigorously protect our intellectual property without discrimination with regard to a retailer, manufacturer, sourcing agent or distributor."

Comments

Published prior to March 2014
By Jim Wilkinson, Chairman JWP Limited (exclusive
JWP Limited are the UK & Ireland Distributors for Poachpod from Fusionbrands. We are very pleased that fake copies had been pulled from a supermarket here in the UK and damages paid.

It is worth adding that in July 2010 the US Patent and Trademark Office issued a patent relating to the device associated with the Poachpod. The European Patent Office has now published a patent application relating to the Poachpod. Watch this space!

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