As predicted in our earlier Clone Wars articles on the Scomadi vs Royalloy (now renamed RA Engineering) saga, Scomadi is going to court in the UK.
The action seeks to prevent their previous manufacturer – Hanway of China – from making cloned scooters based on the Scomadi design. It also names prospective importer – MotoGB – as a defendant.
[Scomadi’s] retro scooter is the subject of extensive intellectual property rights and protection.
In order to avoid any potential legal issues for SLUK we are quoting the Scomadi press release verbatim:
“Scomadi Limited and Scomadi Worldwide Limited have now commenced proceedings in the High Court in England and Wales against RA Engineering Co. Limited (until very recently Scomadi Motor Company Limited), Mr Yiming Chen and Moto GB Limited, in relation to a number of claims for infringement of registered designs, unregistered design, trade mark infringement and passing off.
“The background to this dispute is that Frank Sanderson and Paul Melici of Scomadi designed, promoted, engineered and conceived of a modern scooter which, although reminiscent of the golden days of classic scootering, is manufactured to the highest modern engineering standards. Its retro scooter is the subject of extensive intellectual property rights and protection.
“Scomadi believe that these rights are being serially infringed by the Defendants and, as part of its effort to maintain the integrity of its intellectual property and its rights, it has commenced proceedings in England. Obviously the Court process must take its due time and consideration and the Defendants will have to explain their actions in the context of those proceedings. It is not proposed to make repeated public statements regarding this matter but it is important that all of Scomadi’s customers and distributors know that it is actively asserting its position and will continue to supply its unique, high quality and specially conceived products to the international market.
This is unlikely to be a quick or easy court case because Intellectual Property protection is never a clear-cut thing and therefore will be subject to interpretation in the courts. Again, as we predicted, this is likely to mark a great payday for the legal system who will be the overall winners in all this.
In the meantime, Scomadi are progressing with their plans to set up manufacturing afresh in Thailand, and have announced a new model in the Turismo Technica 200.
We at SLUK will follow the case and keep you up to date on the outcome.
Our exclusive SLUK XL5 will be available for the Scomadi very soon, watch this space…