Michel Teekens, Lundager’s representative in the Netherlands, is pleased with the ruling. “It’s not about fighting each other out of the tent, on the contrary. We have handled the matter neatly. We have taken over a large batch of already produced pots and this is how a battle of more than 1.5 years comes to an end. It is very important that property is respected, 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
At the end of last year, the succulent nursery Ovata presented a series of ceramics, which turned out to be an exact copy of Lundager’s design pot. The grower had ordered it from Import Company, a company that makes ceramics in China.
The parties did not come out and went to court, which Lundager equated. The verdict was challenged in a higher appeal, in which the judge now comes to the same verdict.
According to Michel, the importance of the verdict exceeds the specific case. Copying products happens a lot, but processing is very expensive and costs a lot of time and energy. This is why these types of procedures do not often lead to a lawsuit. “Lundager is not the first company to win such a case based on infringement of model rights to a ceramic pot. It is for the first time that the court has ruled in the judgment that in addition to infringement of copyright, there is also talk of “slavish” imitation. Therefore, this will set a precedent, it is a very clear signal in our industry. ”
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Publication date: Fri 27 Nov 2020