A specialist clothing manufacturer based in County Mayo, Ireland, is accused of copyright infringement over a hooded headdress design.
Portwest Unlimited Company, registered in Westport, is facing legal action from JSP Ltd, a company based in Cheltenham, England, which is a supplier of personal protective equipment. Portwest currently sponsors the senior GAA football team in County Mayo.
JSP claims that the “bump cap” or protective cap with a visor manufactured by Portwest shares many similarities with the cap design registered to JSP.
The similarities include the presence of decorative “protrusions” on both sides of the cap, which are wide at the back and gradually taper at the front until they merge with the side edge of the visor.
The case was referred to the Commercial Court on Monday by Judge Mark Sanfey following an application by JSP's lawyer. Portwest took a neutral position on the claim, but the court heard the company reserved the right to challenge the merits of the claims.
The judge accepted the parties' agreed directions during the trial and adjourned the case until November.
In its statement of claim, JSP claims that Portwest was ordered to cease and desist from infringing its registered design, but the defendant was unwilling to provide the required assurances. This is what prompted the lawsuit, the claim states.
JSP seeks a range of injunctions that will prevent infringement and prohibit the defendant from manufacturing, offering, placing on the market, importing or exporting the products until the case is finally decided.
Sourse: breakingnews.ie
