In a continuing dispute over intellectual property (IP) rights, Little Brian, a children’s artwork brand owned by Tremart has challenged retail giant CDS (Superstores International), which operates both The Range and Wilko in respect of various IP rights infringements arising from what it states is the unlawful imitation of its popular Paint Sticks products.
Little Brian’s Paint Sticks are innovative for their ease of use and bright colours, and are popular with customers in the UK and worldwide. The Little Brian range is still stocked by The Range, but The Range has ended this agreement in favour of developing an own brand offering. The Range has now introduced its own lookalike line of paint sticks, available both online and in-store.
Tremart, owner of the Little Brian brand have taken action against CDS International (owner of The Range and Wilko) for infringement of various copyrights, unregistered designs rights and passing off. Little Brian believe that this shows no respect for original IP ownership of a design created by them.
Little Brian expressed deep concern over The Range’s alleged IP infringement, stating: “Our company is currently engaged in a dispute with the retail giant, The Range. Despite previously stocking Little Brian Paint Sticks (still available now), The Range has launched its own brand of Paint Sticks both online and in-store, including Wilkos. We were aware of the own-brand route as we quoted for the business, however, they did not use us for supply. Its products utilise our packaging, artwork, and branding in a manner that imitates our own, leading to significant consumer confusion and potential brand damage. Several letters addressing this issue have been sent, only to be met with denials and push backs from The Range.”
Kelly Hudson, Director at McDaniels Law, said, “It’s a shame that Tremart have had to bring this action but this is a case where it appears there has been a flagrant copyright infringement, as The Range used to stock Tremart’s products and have ended that arrangement, subsequently bringing out a range with packaging that adopted numerous identical elements, many of which seem to have been lifted directly from the Little Brian range. Allegations also relate to unregistered design right infringement and passing off. We hope that the matter will progress to amicable resolution and that the other party will be realistic with regards to a settlement.”
Dids Macdonald OBE., Chairman and Co-Founder of Anti Copying in Design (ACID) trade association, of which Tremart is a member, said: “The current David & Goliath debacle with The Range and Little Brian is why I co-founded ACID in the first place when a behemoth retailer copied my own products. I challenge The Range to respond in a way that demonstrates corporate social responsibility in their respect for IP ethics and compliance by recognising the original IP ownership and design of such innovative products. By the sending Paint Sticks to another supplier to produce more cheaply is a blatant affront to the innovation that Little Brian has brought to their table. Stonewalling legal challenge and perpetuating litigation is a shameless tactic often used by challenged retail giants.”
The dispute underscores the ongoing battle for market share and brand integrity within the highly competitive arts and crafts sector. As the situation develops, industry observers will be keenly watching for potential legal actions or settlements. For now, Little Brian remains committed to defending its brand and ensuring consumers can trust the authenticity and quality of the products they purchase.
Top: Little Brian paint sticks (left) beside The Range’s own brand (right).
