Andura (Improvements Group) Limited, Are Being Sued For £94,000
The UK trademark license holder of the Thermilate brand name Fountain Technologies Limited(Fountain) is suing Andura Coatings Limited;an Oxfordshire based Coatings Companylocated in Bicester for£94,000 for the illegal use of its registered trade name/trademark, logo and for makingfalse claims that they are an authorised user of their products and technology.
It appears from current legal actions that Thermilate and its distributors have embarked on a new strategic direction, one that exercises their rights in the patents and distribution agreements. The Claimant has begun a step-by-step approach actively pursuing companies making false claims of insulation products incorporating technologies sourced from Thermilate.
The owners and distributors of the Thermilate nameallege the aims behind the actions of the Respondent Andura Coatings Limited were to bring the Thermilate brand into disrepute, cause damage to its business and cause confusion across the marketplace.
In addition to civil action Thermilate Technologies Limited and its exclusive distributors are said to be pursuing government agencies to file for criminal action against Andura Coatings Limited, alleging that the claims made by Andura Coatings Limited and others are deceiving unwitting customers mounting to potentially thousands of pounds of illegal earnings.
Furthermore Thermilate Technologies Limited and itsbona fide distributors allege to have acquired product, photographic, fake test data and other documented evidence to back up their claims against this and other players in the marketplace. The Claimantarticulatesthat Andura (Improvements Group) Limited was provided with ample opportunity to mitigate losses and refrain from such activities prior to court action, but they failed to do so.
The licence holders are making no secret of their intention to openly provide any information required by the federal agencies for the purposes of prosecutionagainst any company making falsified claims which are impinging upon their business.