Legal Proceedings to Protect Rights to PVA Product

First-Round Victory to Protect the Intellectual Property Rights to PVA Product

In a shark and minnow type battle, a small Welsh angling company has won an important first-round victory to protect the intellectual property rights to its Miracle Micro Mesh product.

Carmarthen-based Elite Angling Products issued legal proceedings against RAGS, a partnership based in Herefordshire, claiming for infringement of unregistered UK and European Community Design Rights on its ground-breaking fishing mesh.

RAGS denied the allegations and made an application in the Patent’s County Court for Elite’s claim to be struck out on a technical basis. The court rejected RAGS’ application and ordered them as the losing party to pay £ 3,000 to Elite. The case will now go onto trial on 3 July 2006 in the London Patent’s County Court.

Mike Lindsey, partner with leading regional law firm Geldards LLP, which represents Elite, said: “This is an important early win for Elite and a major hurdle to have overcome. We were always very confident that the Court would reject RAGS’ application and we are confident that it will go our way in July.”

Elite Angling Products successfully launched the Micro Mesh onto the market in 2003. Made from Poly Vinyl Alcohol (PVA) the mesh holds fishing bait and is designed to dissolve in water dispersing its contents within a defined area. It was an instant hit with fishermen and revolutionised the way that anglers fish.

But problems started for Elite a year later when it discovered other larger companies in the angling industry were selling what appeared to be copies of their product.

Lesley Bailey, who owns Elite along with her husband Reg, said: “Once it was clear the mesh was a success larger companies started selling what appeared to us to be copies of our Micro Mesh. What’s more, because they outsourced the manufacturing to the Far East, while we kept it in the UK, they were able to under cut our prices.”

Angling product importers RAGS is accused by Elite of selling infringing copies of their design to some of the biggest companies in the angling industry.

Reacting to the courts decision, Lesley Bailey, said: “We’re over the moon with this initial verdict. I’m risking everything, my business and my home, by taking this legal action. It wouldn’t have been possible without the help of our law firm Geldards who have been fantastic and incredibly supportive.”

A trial date has been set for the case at London Patents County Court on 3 July 2006. The case is expected to last four days. If Elite wins the case against RAGS, it intends to pursue further legal action against the companies that sold the alleged copied version of the mesh.

Geldards LLP is a leading regional law firm with offices in Cardiff, Derby and Nottingham. Elite Angling is also being represented by London-based barrister, Mark Chacksfield.