Michel Teekens, Lundager’s representative in the Netherlands, is pleased with the decision. “It’s not about fighting each other, on the contrary. We have handled the case properly. We have taken over a large batch of already produced pots, ending a dispute that has lasted for over 1.5 years. It is very important that property rights are respected, both for us and for other players in the market.”
The effect of “falling snowflakes in 3D effect” has been recognized by the court as unique.
Last year, the succulent nursery Ovata presented a series of ceramics that turned out to be an exact copy of Lundager’s design pot. The nursery had ordered it from Import Company, a company that produces ceramics in China.
The parties could not reach an agreement and ended up in court, where Lundager won. The verdict was challenged in a higher court, where the judge has now reached the same decision.
According to Michel, the significance of the judgment extends beyond the specific case. “Product copying often happens, but litigation is very expensive and requires both time and energy. Therefore, this type of case rarely leads to a court case. “Lundager is not the first company to win a case about infringement of design rights for a ceramic pot. But it is the first time that the court has concluded in its decision that – in addition to copyright infringement – there is also ‘slavish’ imitation. Therefore, this will set a precedent and send a very clear signal in our industry.”
For more information:
LUNDAGER BV
Michel Teekens
E: michel@lundager.nl
