Jimmy Choo has invoked its design rights to force Marks & Spencer to recall thousands of handbags that were similar in design to an evening bag created by the fashion label.
The company claims that the M&S bag, costing just £9.50, bears marked similarities to its own Cosmo silk satin evening bag with jewel buckle, which retails for £495
M&S settled out of court with an undisclosed payment, and has removed bags from the store.
However, the store has made no admission of liability and a joint statement agreed by the two companies confirmed that they had reached a ‘confidential settlement involving a design right dispute’.
‘Jimmy Choo confirmed that it vigorously protected its intellectual property rights in order to enable it to continue to create unique and exclusive designs’, the statement adds.
The move follows criticism by Intellectual Property experts and trade bodies of last month’s Gower Review’s lack of proposals to protect designers against unlawful imitation.
Industry lobby group Anti-Copying in Design and IP experts in the design field believe the report fell far short of their attempts to introduce a new law of unlawful imitation and the need for higher damages for design copyright infringement.
Other legal actions by designers against high street brands include New Look withdrawing its Bonbon shoe from sale and paying compensation to Jimmy Choo in September.
In addition, Chloe has reportedly threatened action against high street chain Kookai for its £35 pocket bag.