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 upon the denial of the witness that he intended to copy. He may not have achieved reproduction of the plaintiffs’ drawing, although no credence can be placed on his denial that he had deliberately adopted two design features.’
Judges:
Ralph Gibson LJ
Citations:
[1990] FSR 161
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 09 May 2022; Ref: scu.191979