Turner Access takes legal action against Youngman Group
By Murray Pollok21 July 2010
Access tower manufacturer Turner Access has started legal proceedings against Youngman Group alleging infringement of its intellectual property rights over its BetaGuard Advanced Guardrail System.
Turner, which submitted its action to the High Court in London on 12 July, said it was seeking an injunction and damages against Youngman. Turner alleges that Youngman's BoSS Cam-Lock Advanced Guardrail infringes its design rights.
In a press statement, Turner further alleges that Youngman "infringed its Beta Tower and BetaGuard trademarks by using these marks to describe these products otherwise than in accordance with honest practices in industrial and commercial matters".
It alleges that Youngman carried out demonstrations of its own products against Turner's BetaGuard system "without properly stabilising the Beta Tower incorporating BetaGuard in accordance with the manufacturer's instructions."
Access International has requested a response from Youngman, who said it would respond when it had time to consider the allegations.
Turner said Youngman had 28 days to file a defence and that the proceedings were likely to come to trial during 2011.
According to Turner, the BetaGuard was the world's first Integral AGR (Advanced Guardrail) for erecting and dismantling aluminium towers safely, with or without the deployment of traditional braces.
It said that the concept had been met with "considerable success in the industry, and has been specified widely by several UKCG (UK Contractors Group) companies".
The advance guardrail system is the prime alternative to the 3T (through the trap) method of erection, where the erector installs the upper guardrails from a trapdoor in the platform. Both 3T and advance guardrail methods are approved by HSE and PASMA, the access tower association.
Youngman's BoSS Cam-Lock Advance Guardrail system is available with its BoSS Evolution, Ladderspan and Clima towers.