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Inventor wins ban on rival cleaner Dyson
James Dyson, inventor and manufacturer of the bagless vacuum cleaner, last night won a high court injunction banning Hoover from selling its Triple Vortex cleaner.It was the second court victory for Mr Dyson in 10 days. On October 3 deputy judge Michael Fysh QC ruled that Hoover, once the dominant player in the cleaner market, had infringed Mr Dyson's patent by copying parts of his "dual cyclone" cleaner in their new appliance.
Last night the same judge ruled that Hoover may not sell or manufacture any more of its Triple Vortex cleaners within the UK with immediate effect.
But the judge triggered a renewed vacuum cleaner war by reserving judgment on whether to bar Hoover from using the trade mark Vortex.
The group, owned by Italian white goods maker Candy, said it would go ahead with the launch on Monday of a new cleaner, Vortex Power, which relies on a single cyclone mechanism - and does not infringe Mr Dyson's copyright.
Mr Fysh also made clear his ban holds only until Mr Dyson's patent runs out in June next year, and reserved judgment on whether to extend it for a further 12 months after that.
Mr Dyson, 53, a man with a mission to rebuild UK industrial inventiveness, is seeking millions of pounds in damages from Hoover. These will be assessed at a later date by the court, although it last night ordered Hoover to pay an advance £200,000 towards Dyson's costs.
At stake in the 18-month battle is a European market for cleaners worth around £1bn a year. Mr Dyson, who claims more than half the UK market, wants to conquer the continent but says he is held back by the surging pound and UK exclusion from the euro.
Hoover, bought by Candy five years ago after it ran into severe problems with a "free" holiday offer, plans a renewed assault on UK and European markets via its new bagless cleaner, Vortex Power.
Christopher Floyd QC, representing the group, which has seen its share of the UK market plummet to 10%, told the court that Hoover was no longer selling the Triple Vortex and was recalling the model from dealers. Recalled models would have the offending mechanisms taken out and replaced with the new system.
Peter Prescott QC, for Dyson, claimed Hoover had been given at least a 12-month advantage in developing its bagless cleaners by infringing a patent and it should not be allowed to benefit from it. He claimed Hoover had spent £5m promoting the name Vortex and, while its new machine did not infringe the patent, it cashed in on the reputation of the now banned Triple Vortex.
Mr Dyson, who suffered a series of rebuffs from other manufacturers before launching his own cleaners in 1993, sells 98,000 cleaners a month from his Malmesbury base in Wiltshire, which employs 1,900.
Hoover is building its new cleaner at Cambuslang, Glasgow, and last night won leave to take its case that "bagless" technology was well known within the industry to the court of appeal.