Vitra beats Kwantum in DSW look alike case

Vitra Eames DSW

Recently, in a Dutch court, a preliminary dispute between Vitra and Kwantum Vitra had put a lien and sequestration order on DSW look alike chairs brought on the Dutch and Belgian market by Kwantum under the name Paris. The court, in a preliminary court order, ordered in favor of Vitra. The lien was not lifted until the principal court case in this matter would be settled. The following excerpt demonstrates how Vitra got part of its rights from Eames.

1.
Preamble
1.1.
Lucia Eames is the daughter of Charles Eames and the stepdaughter of Ray Eames. She is the Executrix of the Estate of Ray Eames, the trustee of the Ray Eames Revocable Trust, and heiress of both Charles and Ray Eames.
1.2.
Charles and Ray Eames designed furniture exclusively for Herman Miller, Inc., of Zeeland, Michigan, U.S.A. The parties believe that it was the understanding of Charles and Ray Eames and Herman Miller, Inc. that Herman Miller Inc. owned certain rights in the designs of the following products, to the extent that their designs were protected by the laws of the countries in which they were marketed: (i) 1951 Wire Chair, (ii) 1954 Soft Compact, (iii) Lounge Chair and Ottoman from 1955/1956, (iv) Aluminum Group from 1958/1959, (v) 1969 Soft Pad Group, (vi) 1969 La Chaise, (vii) 1984 Teak and Leather Sofa, (viii) 1962 Chicago O’Hare Tandem Sling Seating, (ix) 1964 Segmented Base Table, and (x) Executive Chair/Time Life Chair from 1960 (collectively, the “HM Products”)
1.3.
It is further the understanding of the Parties that Herman Miller, Inc. transferred as of May 31, 1984, all of its ownership in the HM Products for Europe and the Middle East to Vitra Collections AG, Basel.
1.4.
It is further the understanding of the parties that to the extent any of the design rights in the HM Products, including copyrights, were never owned by Herman Miller, Lucia Eames transferred any remaining copyrights to Vitra Collections AG, Basel, pursuant to that certain Declaration dated February 14, 1992.
1.5.
The parties note that adverse parties have challenged their understanding regarding the ownership of the HM Products as set forth above. To eliminate any future doubt and challenges, the Parties wish to reconfirm Vitra’s ownership of rights by now transferring all rights to the HM Product – if any – that have not been effectively transferred previously to Vitra.
1.6.
The parties desire to convey similar rights as transferred pursuant to Clause 1.5 in additional products as more particularly set forth on Annex 11 (which includes the HM Products) (collectively, the “Products”).
2.
Transfer of ownership of rights.
For valuable consideration, receipt and sufficiency of which are hereby acknowledged, Lucia Eames and Vitra agree that Lucia Eames assigns and transfers to Vitra the entire rights, titles and interests in and to the copyright and any other intellectual property right or legal protected positions under any laws of unfair competition which exist according to the national, supranational and/or international laws in and regarding the Products (the ‘Work”) and in and to all products based upon, derived from, or incorporating the Work, and in and to the exclusive rights to the tr
ademarks EAMES and EAMES COLLECTION for the Products and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights and other intellectual property rights and legal protected positions under any laws of unfair competition, and in and to all rights corresponding to the foregoing for the territory defined in Annex I. As far as La Chaise is concerned, this transfer of ownership of rights is worldwide and not restricted to the territory defined in Annex I.
3.
Miscellaneous
3.1.
This transfer and assignment shall take effect retroactively as of February 19, 1992.
3.2.
lf the retroactive effect of this Agreement is found to be null or unenforceable, this Agreement will be construed as to take effect from the earliest date possible after February 19, 1992. In any event, this Agreement will take effect from the date it has been signed by both parties.
4.
Applicable Law and Dispute Resolution
4.1.
This Agreement is exclusively governed by Swiss Law.

Vitra Eames DSW under
Source court order: Boek 9 (in Dutch pdf format)

Source images: Nest Co Blog

Slow Chair

Slow Chair _MG_6858

Slow Chair

I’ve featured the Slow Chair of the Bouroullec Brothers several times, but have visited Vitra some time ago and made this photo myself.

Vitra Factory Sale

Vitra is holding its first Factory Sale this coming September, which is a great chance to get an iconic chair or a few for less. During the sale day on the Vitra Campus, one would also be able to visit the Vitra Design Museum, the VitraHaus (by Herzog and DeMeuron) and see how the design classic, the Lounge Chair by Charles & Ray Eames, is manufactured.

On September 17th, the first ever factory sale is taking place on the Vitra Campus in Weil am Rhein (D) from 9am till 6pm, just 7 km from Basel (CH). Products from the Home Collection and design classics, which have been on display in the VitraHaus or used for photo shoots will be up for sale with reductions of up to 65%!

Via Facebook

Waiting in Airports on Vitra Chairs

Vitra has posted an interesting compilation of photos on the company’s Facebook page: the album showcases the brand’s chairs used in some of the world’s airports. Here below are a few teasers, visit the original post for the rest.

Airline chairs by Norman Foster at Munich Airport. (Photo by Oliver Jung)

Eames Wire Chair on stretcher by Charles & Ray Eames at Lille Airport & Airline by Norman Foster at London Heathrow Airport. (Photos by Antoine Lugger & Steve Bates respectively)

Eames Tandem Seating at Dubai Airport. All © Vitra

Jill by Alfredo Häberli for Vitra – Milan 2011 (10)

The Jill chair is another product to be introduced in Milan tomorrow and is the first collaborative work by Vitra and Zürich based Alfredo Häberli. Inspired by the early days of plywood moulding, the designer explores the modern boundaries of this technique and creates a flexible shell where, in a patented process, Jill’s veneers are curved until they meet in the middle of the seat. The bases for the chair are made of tubular steel, wire, aluminium and wood, and their coloring is matched to complement the optional leather and fabric covers.