BandQ threatens Plumbworld with legal action to prevent comparative advertising

Released on = April 26, 2006, 12:55 am

Press Release Author = www.plumbworld.co.uk Ltd

Industry = Small Business

Press Release Summary = B&Q the UK DIY giant are threatening legal action to prevent
independent online bathroom retailer Plumbworld publishing comparative adverts that
show consumers could save up to 49% by buying online from Plumbworld instead of in a
B&Q store

Press Release Body = B&Q, the biggest DIY store in Europe with 322 stores across
Britain, has threatened independent online bathroom retailer plumbworld with legal
action for trademark infringement, passing off and breach of copyright following an
email advert that Plumbworld sent to their customers on the 28th March this year.

The advert for shower enclosures compared the B&Q sale prices to Plumbworld's prices
for identical products and highlighted that consumers would save between 27% and 49%
by buying online at Plumbworld.

In one example a "P shaped" shower enclosure in the B&Q sale was £745.70 the
identical product on the Plumbworld website was £379.97 a staggering price
difference of £365.73

"We couldn't believe it when a letter arrived from Willoughby & Partners, the
solicitors acting for B&Q. Obviously we knew B&Q wouldn't be happy that we were
advertising how much cheaper we were, but we didn't expect them to resort to heavy
handed legal threats to stop us.

After all it was only an email to our existing customers, it's not as if we took out
a full-page advert in the national press, although perhaps we should have!

We don't believe that we are guilty of trademark infringement or passing off as this
sort of comparative advertising is specifically allowed by Section 11(2)(b) of the
1994 Trade Marks Act and the European Comparative Advertising Directive.


We have offered to give B&Q an undertaking that we won't reproduce their logo in any
future comparative adverts but we also made it quite clear that we will not be
intimidated and will continue to highlight the savings that consumers can make
shopping online with us, rather than going to their local B&Q superstore.
It remains to be seen if our proposed compromise will be sufficient to prevent them
taking us to court.

If B&Q are unhappy with us under-cutting them then the obvious thing to do would be
to cut their own prices. That way the consumer ends up the winner."

Said James Hickman, Managing Director of Plumbword


Web Site = http://www.plumbworld.co.uk

Contact Details = James Hickman
2 Millenium Court, Enterprise Way
Evesham , WR11 6GS
$$country

01386768078
james@plumbworld.co.uk
http://www.plumbworld.co.uk

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