Pro Bono Advice on Infringement of IP Rights

19 Feb 2013

Simmons & Simmons Protects IP Rights of Welsh Sculptor
The Dragon roars again!

International law firm Simmons & Simmons has advised the Western Front Association (WFA) and the sculptor David Petersen on infringement of IP rights in relation to the iconic Welsh Dragon Mametz Wood Memorial – one of the most visited memorials on the 1916 Somme battlefield.

Led by Nicholas Fox, an intellectual property specialist, the Simmons IP team advised the WFA and David Peterson on a pro bono basis. The team achieved a swift settlement in respect of replica statues of the memorial which were produced without David Petersen`s consent. Agreement was also reached to ensure the payment of on-going royalties for any replicas sold in the future. The settlement amount and any royalties will be used for the maintenance of the memorial.

Nicholas Fox said: “This is a great example of an early settlement being achieved through dedicated pro bono advice. This kind of support makes a huge difference to individuals and small charities who could not otherwise afford this kind of specialised legal advice.”

Timing was important as the Commonwealth War Graves Commission asked the WFA to pay for landscaping around the memorial site for access and safety reasons. Sculptor David Petersen, also known for his work on the rocket models for Stanley Kubrick`s film "2001", said: “The money received will be a massive boost to the WFA’s fundraising efforts and would not have been possible without Simmons & Simmons’ help."

A number of commercial producers have produced replicas, postcards, magnets, notebooks and posters without any recognition of Mr Petersen’s rights or any contribution to the upkeep of the memorial. Simmons & Simmons’ Paris office is now investigating to see what can be done to protect the memorial in France.

-Ends-

Notes to editors:
1. The memorial, a dramatic Welsh dragon cast in steel, clutching the wire of the German defences, is dedicated to the 4,000 Welsh soldiers who fell in the battle for Mametz Wood in the early days of the 1916 attack.

2. We are a leading international law firm with fully integrated teams working through offices in Europe, the Middle East and Asia, and bring experienced professionals to some of the most active growth markets today. Our focus on a small number of sectors means we are able to understand and respond to our clients needs. Our industry sectors are: Asset Management & Investment Funds, Energy & Infrastructure, Financial Institutions, Life Sciences and Telecoms, Media & Technology (TMT). We have a track record for innovation and delivering value to clients through new ways of working.

3. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated practices. Accordingly, references to Simmons & Simmons mean Simmons & Simmons LLP and the other partnerships and other entities or practices authorised to use the name “Simmons & Simmons” or one or more of those practices as the context requires. The word “partner” refers to a member of Simmons & Simmons LLP or an employee or consultant with equivalent standing and qualifications or to an individual with equivalent status in one of Simmons & Simmons LLP’s affiliated practices. For further information on the international entities and practices, refer to simmons-simmons.com/legalresp

4. Visit our website at simmons-simmons.com or our award-winning online legal service at elexica.com.

5. At the forefront of IP law and practice for more than 35 years. Consistently involved in many of the leading IP cases and transactions. Over 70 lawyers in Europe, Asia and the Middle East. A full service IP practice providing clients with an unparalleled level of expertise and service.

6. For further information, please contact Sarah Cannon, Senior Communications & PR Executive on +44 20 7825 3962 or at sarah.cannon@simmons-simmons.com or David Petersen on +44 1994230318 or +44 797082202