Vivid Arts Ltd has commenced legal proceedings in the English High Court against Tom Chambers Ltd based on allegations of copyright infringement, design right infringement and/or passing off  in respect of  Vivid Arts’  award winning resin based 'Real Life' and 'Nature’s Friend' animal range of garden ornaments by the promotion, manufacture, sale  and supply of Tom Chambers’ resin based animal range of garden ornaments . 

A number of remedies are sought in the Court proceedings, some of which include:

• An injunction to restrain Tom Chambers from infringing Vivid Arts Limited’s intellectual property rights.
• An order for delivery up or destruction of all stocks of products or materials which are found by the court to be unlawful  and forfeiture to Vivid Arts or destruction under oath of all articles which incorporate Vivid Arts’ copyright and design right that are in the power, possession, custody or control of Tom Chambers.

The High Court Claim Form has been issued but no Defence is yet due. It is not yet known whether or not Tom Chambers will defend against the claim.

However, Vivid Arts says it has no desire to pursue unnecessary litigation and wishes it to be known that it does not intend to commence proceedings against other third party retailers or customers of Tom Chambers in relation to this matter.

Vivid Arts wishes it to be known that there is no commercial connection between themselves and Tom Chambers, and the Tom Chambers’ range of resin based garden ornaments is in no way connected to, nor endorsed by, Vivid Arts.

"Vivid Arts has been present in the UK market with its award winning resin based 'Real Life' and 'Nature’s Friend' animal range of garden ornaments for six years," said Paul Newbitt of Vivid Arts. "We work very hard to develop aesthetically pleasing and realistic products of high quality and detail, and we will continue to serve the market with innovative and new products in the future."