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On 9th July 2010, Turner Access Ltd commenced legal proceedings against Youngman Group Ltd in the High Court for the infringement of its intellectual property rights in relation to the BetaGuardŽ Advanced Guardrail System.
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Announcement of Court Proceedings issued on 9th July 2010 in the High Court against Youngman Group Limited for infringement of the BetaGuard® designs and the BetaGuard® and Beta Tower® trademarks.
On 9th July 2010, Turner Access Ltd commenced legal proceedings against Youngman Group Ltd in the High Court for the infringement of its intellectual property rights in relation to the BetaGuard® Advanced Guardrail System.
In the proceedings, Turner Access alleges that Youngman Group has infringed its unregistered design rights in the BetaGuard® Advanced Guardrail by manufacturing and supplying its BoSS Cam-Lock Advanced Guardrail.
Turner Access further alleges that Youngman Group has infringed its Beta Tower® and BetaGuard® trademarks by using these marks to describe these products otherwise than in accordance with honest practices in industrial and commercial matters or by otherwise engaging in conduct that is detrimental to the distinctive character of these marks. In this respect, Turner Access alleges that Youngman Group carried out a number of demonstrations of its own products against the BetaGuard® Advanced Guardrail system without properly stabilising the Beta Tower® incorporating BetaGuard® in accordance with the manufacturer's instructions.
Turner Access is seeking an injunction and damages against Youngman Group for the infringement of its intellectual property rights, and its costs. Youngman Group has 28 days to file a defence. The proceedings are likely to come to trial during 2011.
Background
BetaGuard® is the world's first Integral AGR (Advanced Guardrail) that can be used to erect and dismantle aluminium towers safely, with or without the deployment of traditional braces.
The BetaGuard® concept has met with considerable success in the industry, and has been specified widely by several UKCG (UK Contractors Group) companies and blue-chip clients aware of the risks associated with the 3T method for the assembly and dismantling of aluminium towers, which is now under review by the Health and Safety Executive.
Turner Access Ltd are proud of their continuing contribution to improving safety practice in Construction and the fact that their BetaGuard® product has become the safety benchmark for access tower products and methods of work in the industry. Turner Access Ltd have been at the vanguard of research, product development, invention and promotion of best practice products and methods of work and will continue to work with trade bodies the Health and Safety Executive, blue-chip clients, construction companies and users because, Turner Access Ltd believe, everyone has the right to a safe place of work.
Contact Information
Fiona Gallagher
Turner Access
65 Craigton Road
Glasgow
G51 3EQ
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