NIPC Law

Author Friedrich-Johann-Justin-Bertuch    Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)  Evans v John Lewis Plc and anothe r [2023] EWHC 766 (IPEC) (3 April 2023)    This was another copyright case that turned on whether copying could be proved.  The claimant was the self-published author of a children's book about a young dragon who could not help emitting fire. She claimed that a substantial part of her work had been copied in an advertising film that had been made by the second defendant for the retailer John Lewis Plc at Christmas 2019. That film featured another fire-emitting young dragon and was accompanied by a spin-off children's book called Excitable Edgar .  The claimant sued for copyright infringement. The creators of the film counterclaimed for a declaration of non-infringement and a publicity order.  The action and counterclaim came on for trial before Her Honour Judge Melissa Clarke on 30 and 31 Jan 20...

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...