Sofaworks loses ‘David v Goliath’ battle

NORTH West retailer Sofaworks could be forced to change its name after losing a legal case brought by larger rival DFS.

The independent Wigan-based company said it was “dismayed” and “dumbfounded” by a judgement given in the Intellectual Property and Enterprise Court that its brand name infringes DFS’ Sofa Workshop brand.
 
Sofaworks only rebranded from CSL in 2013, and its owner and chief executive Jason Tyldesley says while he feels “very badly let down”, is determined to keep challenging its competitors.

Tyldesley said: “This case will only fuel our resolve and far from hesitate, we will now push forward with this name or the next, believing that it’s what’s inside that matters.”

He added:  “Sofaworks vs DFS has been a real case of David and Goliath, and whilst we are flattered at being seen as such a threat to DFS – this judgement has sadly gone in favour of the big boys with big pockets.

“For this judgement to state that we are passing off as Sofa Workshop, makes no sense to us. How could Sofaworks ever benefit from pretending to be a smaller retailer, especially one operating in boutique upmarket stores, a stark contrast to our own retail park based superstores. Why would a salmon pretend to be a stickleback in order to swim up the river?”

“Appeal or no appeal, it’s only a name and as the fastest growing sofa retailer in the UK this is down to much more than our name or our customer’s favourite ‘Neal the Sloth’, we will simply continue our growth by doing more of what we do better and differently for our customers.”

Paul Staden, chief executive of Sofa Workshop said in a statement: “By comparison to Sofaworks, we’re a relatively small brand that has been operating since 1985.

“We’ve invested a lot into creating a distinctive, quality brand that specialises in handcrafted furniture. We’re therefore pleased that the court has ruled in our favour and that we’ve been successful in protecting the Sofa Workshop brand from passing off by Sofaworks, the company formally known as CSL.

“Following a two day hearing, the court held that Sofaworks’ use of its trade name constitutes a misrepresentation that is sufficient to cause material damage to Sofa Workshop’s goodwill.  Accordingly, CSL / Sofaworks was found to be liable for passing off.

“This decision means that our company can continue to trade successfully without risk of potential confusion by customers due to the similar brand names. It is not yet known whether Sofaworks intends to appeal the decision.”

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