The defendant appealed against a striking out of his defence on a claim for copyright infringement.
Held: The appeal succeeded. Leave should have been given. Whether copying was substantial depended in part on quality, which was a matter of degree. The court identified the difficulties in identifying the sorts of evidence which might be admissible in a claim for 3-dimensional copying. Fox LJ said: ‘I am not satisfied that no further evidence is relevant or admissible.’
Judges:
Fox LJ, Stephenson LJ
Citations:
[1982] RPC 133
Jurisdiction:
England and Wales
Cited by:
Cited – Point Solutions Ltd v Focus Business Solutions Ltd and Another ChD 16-Dec-2005
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties.
Held: The . .
Cited – Ludlow Music Inc v Williams and others ChD 2-Oct-2000
The claimant sought damages for copyright infringement in respect of two works which parodied a song to which they owned the rights.
Held: The amount copied, being as much as a quarter of the original work, meant that the claim was . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Intellectual Property
Updated: 07 December 2022; Ref: scu.237720