LAVA acts against copying

Early in 2022 we discovered unauthorized copies of our fabric designs across the UK.

The mattress manufacturer of these products however, did not buy these fabrics from us.

Initially we reached out to the mattress manufacturer to try and solve the problem. We needed this manufacturer to stop selling the infringing copies of our fabrics, and we needed to find out where they got the fabric from, how much they bought, and who they sold it to. Instead of engaging with us they ignored all of our correspondence. So we had to take them to Court to get the action and answers we needed..

The Court´s decision went in our favor. The manufacturer’s ongoing use of fabrics copied from our designs knowingly infringed our copyright and the Court ordered an injunction against them to stop them using and selling further copies of our fabrics.

Even though this mattress manufacturer did not copy the fabric themselves, continuing to use and sell the infringing products after they had been notified meant they were infringing our copyright. This manufacturer was ordered to pay our costs, to destroy all remaining fabric at their own expense, and to provide us with the information we requested at the beginning.

In addition to this, the mattress manufacturer also agreed to pay LAVA a financial compensation.

The information from the mattress manufacturer provided in the Court proceeding allowed us to trace the source of the fabric, as well as find the retailers selling the mattresses with these fabrics so we could remove them from the market. Mattresses were removed in at least 7 stores.

We then turned against the supplier of the fabric who turned out to be a local distributor who claimed not to know the fabrics he sold were copies. The distributer then provided a written declaration confirming who the textile manufacturer of the fabric was and we then contacted them ourselves. An agreement was then also made with these parties to stop further legal action by LAVA against them.

LAVA is determined to continue to act against the illegal copying of our designs.