Nouveau Fabrics Ltd. v Voyage Decoration Ltd. & Anor

The Luxor motif and fabric are sufficiently similar to the Pineapple motif and fabric to infer copying; defendants had access to the original work; copying was of a substantial part; both defendants had reason to believe they were dealing with infringing copies by 8 February 2002.

Parties: Claimant: Nouveau Fabrics Limited; First Defendant: Voyage Decoration Limited; Second Defendant: Dunelm Soft Furnishings Limited
Jurisdiction: England and Wales
Judgment Date: 28 April 2004
Procedural Posture: Copyright Infringement / Judgment After Trial
Outcome: Defendants found liable for infringement or threatened infringement of claimant's copyrights.
Legal Topics: Artistic Works, Secondary Infringement, Originality, Substantial Part Copying, Knowledge of Infringement

Intellectual Property Copyright Artistic Works Secondary Infringement Originality Substantial Part Copying Knowledge of Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Nouveau Fabrics Limited

Claimant

Voyage Decoration Limited

First Defendant

Dunelm Soft Furnishings Limited

Second Defendant

Procedural Posture

Legal Issues

1 Is the Luxor motif and fabric a copy of the whole or a part of the Pineapple motif and cloth?
2 If so, is it a copy of a substantial part?
3 Did either of the Defendants know or have reason to believe that it was an infringing copy, and if so from what date?

Ratio Decidendi

Court Disposition

Defendants found liable for infringement or threatened infringement of claimant's copyrights.

Orders

Damages (including any additional damages) to be determined on a separate inquiry.
Injunctive and other relief to be granted after further argument.