Is this a copy? John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd
In John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd . [2014] EWHC 3779 (IPEC) (21 Nov 2014) Judge Hacon had to decide whether the fabric used to make the dress in the bottom photo was a copy of the fabric in the top one. The Facts Some time before the beginning of Aug 2012 Lee Ann Fashions Ltd. ( "Lee Ann" ) received the following design brief from Marks & Spencer: " Print Direction More primitive wood blocking prints, bold batiks, multi-stripes and tribal prints. Often these are anchored with stone and Black with highlights of the colour pops of the collection" On 2 Aug 2012 employees from Lee Ann met a sales executive of John Kaldor Fabricmaker UK Ltd ( "Kaldor" ) . Lee Ann invited Kaldor to supply samples of its materials so that Kaldor could bid for Marks & Spencer's order. Kaldor supplied 22 samples including 4 metres of the fabric in Annex 1. Lee Ann offered to supply Marks & Spencer dresses made from that fabric. T...