Time called on PCS Direct over national press adverts

Retail Computer company seeks compensation as rival backs down over ad campaign.

A war of the roses has broken out between Lancashire-based Timeover ad campaign. Computers and Yorkshire-based Personal Computer Science over a national press advertisement campaign.

Time issued proceedings against Personal Computer Science, which trades as PCS Direct, and its sister company Target Computers, at the the High Court in London, claiming it had copied adverts placed in the national press.

The case, which centred on charges of copyright infringement and passing off, was cut short as Jonathan Moakes, Time legal adviser on Intellectual property, confirmed that PCS Direct backed down at the last minute and agreed to make undertakings to the court not to repeat the offence.

Time will also pursue compensation for sales lost and costs due to PCS Direct and Target's actions.

Colin Silcock, sales director at Time, stated: 'The court agreed to uphold our complaint. The advertisements were virtually a copy of ours - in effect it was copying our ad campaign in the national press. The result was that customers were getting very confused.'

But he added: 'Since the proceedings started on 15 June, there have been more similar advertisements which will be passed on to our lawyers to see if there is an infringement.'

Moakes added such an infringement would be contempt of court and that the PCS directors could be punished by substantial fines or imprisonment.

He added: 'We wanted to take action very quickly and we achieved a result within days. Seeking an injunction in this manner is a very powerful remedy.'

Jeremy Davies, analyst at Context, commented: 'I would say to Time that imitation is the sincerest form of flattery. But if one company is passing itself off as another, then not only is that illegal, but unfair to the customers. There are a lot of unscrupulous people in this business.'

Roger Bullivant, sales director of Personal Computer Science, refused to comment and managing director Charles Forsyth was unavailable to comment.

Geraldine Dawson, director of PCS, stated: 'No injunction was granted by any court against Personal Computer Science.'