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 in the industry as to practice may not allow for elements of law known to the judge. The issue of copying was for the judge. Though the defendant had adopted the techniques used, that was inisufficient to found a claim of copying. There was a danger of allowing a creation of a monopoly in a technique. Appeal allowed.
Judges:
Lord Justice Morritt Lord Justice Auld Lord Justice Clarke
Citations:
[1999] EWCA Civ 1104, [2001] FSR 113, [2000] 1 WLR 241
Jurisdiction:
England and Wales
Citing:
Appeal from – Designers Guild Limited v Russell Williams (Textiles) Limited PatC 14-Jan-1998
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. . .
Cited – University of London Press Ltd v University Tutorial Press Ltd ChD 1916
In a copyright claim, the test of originality which had to be passed was set out by Peterson J, saying: ‘The word ‘original’ does not in this connection mean that the work must be the expression of original or inventive thought. Copyright Acts are . .
Cited – Johnstone Safety Ltd v Peter Cook (Int ) plc 1990
The court considered the burden of proof in complaints of copying and copyright infringement.
Ralph Gibson LJ said: ‘It is, however, not positive evidence of reproduction of the plaintiffs’ artistic work that it is impossible to place reliance . .
Cited – Ibcos Computers Ltd v Barclays Mercantile Highland Finance Ltd ChD 1994
In cases of claimed copyright infringement, it is not the function of the expert to decide the question of substantiality. In cases of simple visual comparison the court can and should do the visual comparison for itself. A distinction between the . .
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 – Mark Wilkinson Furniture Ltd v Woodcraft Designs (Radcliffe) Ltd ChD 13-Oct-1997
Design right is limited to shape excluding any surface decoration. There is no infringement of design right by copying only the surface decoration. ‘The design in which the plaintiff primarily claims design right is now pleaded as ‘the whole . .
Cited – Francis Day and Hunter Ltd v Bron CA 1963
The test of substantial similarity in copyright infringement cases is an objective one. That assessment is for the court with such assistance from the evidence and parties as it can muster. To be an infringement there must be ‘some causal . .
Cited by:
Cited – Alfred Alexander Taylor v Ishida (Europe) Ltd Ishida Co Ltd CA 12-Jul-2001
Ishida appealed a finding of infringement of the claimants patent, and challenged the patent for obviousness. The machines were used for packaging nuts etc. The patent referred to fixed mechanisms, and Isihida said their mechanism swivelled, and did . .
Appeal from – 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 . .
Appealed to – Designers Guild Limited v Russell Williams (Textiles) Limited PatC 14-Jan-1998
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. . .
Cited – IPC Media Ltd v Highbury-Leisure Publishing Ltd ChD 21-Dec-2004
The claimant magazine publisher alleged breach of copyright by the defendant in their magazine, as to the cover page designs used. It was not clear just which cover was said to have been copied.
Held: The first step in a copyright action is . .
Cited – Bracknell Forest Borough Council v Green and Another CA 20-Mar-2009
The council sought possession of the property saying that the three bedroomed property was underused by the tenant and his sister. The respondents said that it was not too extensive, and that no satisfactory alternative accommodation had been . .
At CA – 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
Leading Case
Updated: 07 April 2022; Ref: scu.146020