A dispute between Daewoo and Haynes Publishing Group, which
publishes car repair manuals, has been resolved with the car
manufacturer agreeing to pull an ad that Haynes claimed breached its
copyright.
Daewoo agreed to pull the ad, which featured a cover design of a Haynes
manual, after Haynes alleged copyright and trademark infringement. The
ad was created by Duckworth Finn Grubb Waters and had been running in
the national press and some consumer titles, including Readers Digest.
Daewoo has also offered to pay Haynes’ costs in the matter.
’It appears that Daewoo had been advised that the advertisement based on
a Haynes manual would not be considered to be ’passing off’ but would be
treated as a light-hearted skit that did not warrant action through the
courts,’ David Haynes, the director and secretary of Haynes, said.
’We were rather surprised at this as Duckworth Finn were specifically
refused permission to use our manuals in a campaign for Daewoo, when
they asked us last November,’ he added.
Duckworth Finn denies it ever approached Haynes to ask permission.
’No-one from Daewoo or Duckworth Finn approached Haynes because we
didn’t think we had any cause to,’ Tom Vick, an account director at
Duckworth Finn, explained.
Vick also refuted the claim that the case had been settled out of court,
saying: ’You have to have been in a courtroom to settle out of court and
legal proceedings never got started. Daewoo has offered to pay its legal
costs and we have pulled the ad as a gesture of goodwill but we have not
admitted liability.’