The Kohler Mira company is about to be awarded more than 220,000 in damages and costs from the Bristan Group as the group was judged to have copied Miras unregistered designs. It was judged that the Bristan Group reproduced the design of Miras Azora electric shower, using its Glee, Joy and Smile products. Charlton Plumbers use original appliances. The judgement was handed down in 2013, but the two parties could reach a negotiated settlement, so a damages hearing was held in April this year with the final decision being released on Friday 13th June. Mr Craig Baker, who is the marketing director of Mira Showers, spoke about the damages, he said, Obviously, we are delighted with this award for a number of reasons. Firstly, it unequivocally and unarguably shows that Bristan copied our products, despite its hair-splitting attempts last year to play down any wrong doing and sow doubt about the case. Secondly, it confirms our position as the most innovative and design-led manufacturer in this sector, and the manufacturer with the products that less imaginative or resourceful competitors can only envy. A Charlton Plumber is a qualified installer. Finally, it also means that no-one should underestimate the vigour with which we will protect our designs and challenge those who infringe them.At the first court hearing, his Honour Judge Birss QC at the Patents County Court anounced that similarities that were observed between the three Bristan products and the Mira Azora were due to copying. Bristan had copied Miras design and so the three copies were infringements. In court, his Honour Judge Hacon commenting that Bristan came “nowhere close” to establishing a defence. Kohler Mira has been here before regarding the Azora, the last occasion was in 2010 when it reached an out of court settlement with Triton Showers. Mr Craig Baker concluded, As an industry leader in innovation, we cannot and will not allow our investments to be misappropriated through infringement. We are rightly proud of our status as the UKs largest investor in R&D in the shower sector, and consequently, we shall never hesitate to enforce our intellectual property rights in our markets.
Mira Win Damages