As you know, we were awarded judgment against Yorkshire Specialist Vehicles and the Rubanis, by Mr Justice Arnold in the High Court in December 2014.
The judgment ruled that they had infringed the Registered Design, Unregistered Design Rights and Trademark of Whitby by unlawfully, copying and then selling the Mondial Ice Cream Van. The copying was blatant.
The process of recovering costs is underway. Amer and Ghulam Rubani have been made bankrupt. The trustee in bankruptcy is in the process of selling properties they own, as well as looking for other assets.
The Law and Infringing Vehicles
Operating an infringing van produced by Yorkshire Specialist Vehicles and the Rubani family is unlawful. It is also illegal to dispose of or sell the said Ice Cream Van in the course of business.
Further Legal Action
The majority of infringing van owners have now contacted Whitby Morrison and reached a settlement which has enabled licences to be issued.
We have also reached a settlement agreement with Frank Tinnirello. This mutually benefits both parties and has avoided the unnecessary stress and cost of a court trial.
We invite the remaining infringing van owners to contact us in order to reach a settlement. Failure to do so will likley lead to legal action.