IP Glossary: L
Licence
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Right or permission to do something that would otherwise infringe an IP right. It may be express or implied, exclusive, sole or non-exclusive.
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Copyright - Ashley Wilde Group Ltd. v BCPL Limited
Jane Lambert
Intellectual Property Enterprise Court (Judge Melissa Clarke) Ashley Wilde Group Ltd v BCPL Ltd [2019] EWHC 3166 (IPEC) (21 Nov2019)
This was an action for infringement of copyright in a prototype for a bed linen range. An example of a duvet cover from that range appears at the top of the above photo together with an example of the allegedly infringing item at the bottom. The claimant's product, known as "Evangeline" was sold as part of the "Kylie Minogue at Home" range even though the prototype had been made by one of the claimant's employees and not by Kylie Minogue. The defendant's, called "Amore", was under the "Buy Caprice Home" brand even though it had been designed not by the Caprice in question (the celebrity Caprice Bourret) but by a freelance designer.
In her judgment of 21 Nov 2019, Her Honour Judge Melissa Clarke dismissed the claim on the ground that there had been no copying. She also made some importan…
Intellectual Property Enterprise Court (Judge Melissa Clarke) Ashley Wilde Group Ltd v BCPL Ltd [2019] EWHC 3166 (IPEC) (21 Nov2019)
This was an action for infringement of copyright in a prototype for a bed linen range. An example of a duvet cover from that range appears at the top of the above photo together with an example of the allegedly infringing item at the bottom. The claimant's product, known as "Evangeline" was sold as part of the "Kylie Minogue at Home" range even though the prototype had been made by one of the claimant's employees and not by Kylie Minogue. The defendant's, called "Amore", was under the "Buy Caprice Home" brand even though it had been designed not by the Caprice in question (the celebrity Caprice Bourret) but by a freelance designer.
In her judgment of 21 Nov 2019, Her Honour Judge Melissa Clarke dismissed the claim on the ground that there had been no copying. She also made some importan…
