The defendant denied that it had copied the plaintiff’s designs.
Held: There was sufficient evidence of copying. It was wrong to dissect a work, but rather the court should look at the matter as a whole.
Judges:
Lawrence Collins QC
Citations:
[1998] EWHC Patents 349, [1998] FSR 803
Links:
Jurisdiction:
England and Wales
Citing:
Appealed to – Designers Guild Ltd v Russell Williams (Textiles) Ltd CA 26-Mar-1999
The claimant alleged copying of designs. The defendant appealed a finding that copying had taken place.
Held: The rejection of the dissection test in Ladbroke was as to the subsistence of copyright and not as to infringement. Evidence of those . .
Cited – Ladbroke (Football) Ltd v William Hill (Football) Ltd HL 1964
What is substantial copying
The plaintiff alleged copying of their football pools coupons and copyright infringement. The issues were as to the extent of copying required to establish infringement, and whether it was proper to look at the several parts of the work separately. . .
Cited – LB (Plastics) Ltd v Swish Products Ltd HL 3-Jan-1979
Access and Similarity base proof of Copying
Copyright is intended to protect one person against his work being copied by another. One person must not be permitted to appropriate the result of another’s labour; it is for the plaintiff to establish and prove as a matter of fact that copying has . .
Cited – Hanfstaengl v HR Baines and Co Ltd HL 1895
When considering whether copying has taken place, the degree of resemblance required is not merely a similarity or resemblance in some leading feature or in certain of the details but, the idea and general effect created by the original being kept . .
Cited – Billhofer Maschinenfabrik GmbH v TH Dixon and Co Ltd 1990
The plaintiff complained that some engineering information had been taken from their copyright drawings by the defendants.
Held: There had been no infringement of copyright in the drawings.
When considering whether an author’s copyright . .
Cited – In re M and R (Child abuse: Expert Evidence) CA 21-May-1996
On an application for a care order the judge found there was a real possibility that sexual abuse had occurred but the evidence was not sufficient to prove the allegations to the requisite standard. The threshold criteria were met on another ground. . .
Cited – Routestone Limited v Minories Finance Limited (Formerly Johnson Matthey Bankers Ltd); Knight Frank and Rutley (a Firm) CA 14-Nov-1996
The judge should never lose sight of the central truths that the ultimate decision is for the court and that all questions of relevance and weight are for the court. . .
Cited by:
Appeal from – Designers Guild Ltd v Russell Williams (Textiles) Ltd CA 26-Mar-1999
The claimant alleged copying of designs. The defendant appealed a finding that copying had taken place.
Held: The rejection of the dissection test in Ladbroke was as to the subsistence of copyright and not as to infringement. Evidence of those . .
At First Instance – Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC) HL 28-Nov-2000
Copyright Claim: Was it Copied, and How Much?
The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the . .
At First Instance – Designers Guild Ltd v Russell Williams (Textiles) Ltd (T/A Washington DC) (No 2) SCCO 20-Feb-2003
The appellant had been successful at first instance, had lost (unanimously) in the Court of Appeal and its appeal was allowed (unanimously) in the House of Lords.
Held: The general principles as to taxation of costs apply equally in the House . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 04 June 2022; Ref: scu.163061