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3 months ago
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A small family business based in Hackney, east London, has prevailed in a “David and Goliath” legal case against the state-owned Ordnance Survey national mapping agency after it allegedly copied their designs.
Rubbaglove, started by husband-and-wife team Guy and Megan Eaton in 2015, has made its trademark-protected Pacmat blanket with maps printed on them since 2017, initially in partnership with Ordnance Survey.
Designed with their autistic son in mind, to help entertain him during breaks in long walks, their Pacmac blankets are made in the UK using recycled fabrics and feature scenes from across the country, including the Lake District, Cornwall and Dartmoor.
But in 2021, Ordnance Survey launched its own competing range, which the Eatons described as “almost identical”. The government agency opted to make its rival product in China instead of the UK.
The couple’s Pacmat design, at the centre of their dispute with Ordnance Survey CHRISTOPHER L PROCTOR FOR THE TIMES The Eatons took legal action but had little success — until recently, when they enlisted the help of Dids Macdonald, chair and co-founder of Anti Copying in Design, a campaigning group for the design and creative industries. Macdonald, who described the legal battle as “a typical David and Goliath” case, advised the couple to contact their local MP, Dame Meg Hillier. She subsequently wrote to Peter Kyle, the technology and science secretary. The Department for Science, Innovation and Technology, which Kyle runs, is the owner of Ordnance Survey. The company said: “Ordnance Survey and Rubbaglove have reached an amicable resolution to a dispute between them regarding the designs of OS’s picnic blankets. The terms of the settlement are confidential to the parties and their advisers.” It is thought the Eatons have received £44,000 as part of the settlement but that their legal costs exceeded £70,000. While lost sales are difficult to quantify, sources familiar with the matter suggested that they could run to “hundreds of thousands of pounds” as Pacmat sales stalled after the rival products were launched. Ordnance Survey also agreed not to sell a competing product for ten years. While relieved that the dispute has come to an end, Guy Eaton, 59, is deeply affected by the events of the past four years. “It was absolutely unbelievable. It’s like, ‘How could you have the audacity to do this?’ ” It hit all the harder for the Eatons because, as keen walkers, they are lifelong fans of the work of Ordnance Survey. “I’ve grown up understanding that Ordnance Survey is the best geographic data collector in the world, and they’re a great British institution. For this to happen was just appalling at every level,” said Guy Eaton. He added: “We had no choice but to try and fight.” The Eatons have been left disillusioned, describing Ordnance Survey as “a great British institution”. Guy Eaton said: “For this to happen was just appalling at every level” CHRISTOPHER L PROCTOR FOR THE TIMES His wife, Megan, 56, said she “felt sick” when she saw the rival products listed for sale online on the Ordnance Survey website in the autumn of 2021. It couldn’t have been worse timing for the family; Guy had sustained head injuries in a serious cycling accident in London just weeks before and been prescribed three months of “complete rest”. So he was limited to joining his wife on calls with Ordnance Survey to discuss the “situation”. He has since made a full recovery. Megan said that despite the conclusion of the row, she feels “jaded” by the experience. “Years of fighting this has made me so cross. The financial impact on the family has been horrific, as has all the arguing and constant talking about it. “People say, ‘Just move on and do something else,’ but that wasn’t an option. All our money was in this — I even had to borrow money from my mum. We couldn’t move on and do something else; we don’t have anything to fall back on.”
