Following a recent ruling by the Intellectual Property Enterprise Court, a Wigan-based company – Sofaworks – has a name that infringes on the Sofa Workshop brand owned by DFS.
Sofaworks has announced its surprise at the decision, claiming that it had not been passing itself off as Sofa Workshop.
Jason Tyldesley, owner and CEO of Sofaworks, said that his business relied on its products and level of service rather than its brand name.
He said: “We have put a stake in the ground in the last 12 months to change the [furniture] market by putting an end to endless sales, which is what the whole market lives and thrives on.
“To be honest, that is what our competitors like DFS fear and I think this [legal] case is born out of that fear.
“As such it is not the name that really matters.”
Sofaworks has spent approximately £500,000 on legal fees during its dispute with DFS, and Mr Tyldesley is reportedly considering whether or not to appeal against the decision or change his company’s name.
The retail owner has expressed his surprise that DFS won the case based on a passing-off ruling, especially as he did not think there was any proof to demonstrate that customers had accidentally purchased items from the wrong brand, or gone to the wrong store.
A DFS spokesperson said: “We’re pleased that Sofa Workshop has been successful in its action against Sofaworks with regards to passing off.
“Sofa Workshop is a small, quality brand that has been established since 1985 and we’re happy the outcome allows the brand name to remain protected.”