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...

Author EvaK   Licence CC BY-SA 2.5   Source Wikipedia Harwich Jane Lambert Intellectual Property Enterprise Court, Small Claims Track (HH Judge Hacon)  Evans v Trebuchet Design Ltd and another   [2020] EWHC 3037 (IPEC) (20 Oct 2020) This was an application by the defendants to an action for copyright and database right infringement and breach of contract to strike out the claim on the ground that the dispute had been compromised.  Although the case was decided in the small claims track of the Intellectual Property Enterprise Court, it concerned important matters of principle including the rule in Henderson v Henderson    (1843) 3 Hare 100, 67 ER 313, [1843] UKPC 6, the formation of contracts and costs in the small claims track. The importance of the case is signified by the fact that it was argued before the Enterprise Judge by patent counsel and a senior solicitor and trade mark attorney advocate whose public-spirit and oral and written advocacy were...