AWS has been ordered, to publish on its website homepage and in Furniture News, a fair summary of the Judgment handed down by Recorder Douglas Campbell Q.C in the case of ASR Interiors Limited (“ASR”) -v- AWS Trading Limited (“AWS”). In the above case the court found that AWS have infringed three registered designs owned by ASR Interiors
Limited. ASR’s registered design numbers 6050903 has been infringed by AWS’ Rose Chair, ASR’s registered design number 050906 by AWS’ Roma Wings and ASR’s registered design number 605128 by AWS’ Two door three drawer Roma Sideboard. AWS has been ordered to withdraw from sale its infringing products and pay ASR
damages to be assessed.
AWS has been restrained by an injunction from making, offering, putting on the market, importing, exporting or using products which produces the same overall impression as ASR’s registered designs without ASR’s consent.
AWS was further found to have fabricated two documents it had put forward to defend the claims and its key witness was disbelieved. The court held that the fabrication of the
documents to support a false defence was an abuse of the courts process. As a consequence of the manner in which AWS has behaved the IPEC costs-capping regime was disapplied and AWS has been ordered to pay indemnity costs to be summarily assessed. AWS has also been ordered to make a payment on account of costs in the sum of £25,000 by 4:00pm on 17 March 2022 and prior to the summary assessment.
A full copy of the Judgment is available