Islestarr Holdings Ltd v Aldi Stores Ltd

Islestarr Holdings Ltd v Aldi Stores Ltd

Islestarr established ownership and originality of the Starburst and Powder Designs, which are fixed artistic works. Aldi's palettes copied substantial parts of these designs, and Aldi's designers had access to the original works. The similarities are not commonplace or generic, and Aldi failed to show independent creation. There is no real prospect of Aldi successfully defending the claim, and no compelling reason for a full trial. Summary judgment is granted for Islestarr.

Parties
Claimant: Islestarr Holdings Ltd; Defendant: Aldi Stores Ltd
Jurisdiction
England and Wales
Judgment Date
17 June 2019
Procedural Posture
Civil Intellectual Property / Summary Judgment Application and Application to Re Amend Particulars of Claim
Outcome
Summary judgment granted for the claimant (Islestarr Holdings Ltd) on copyright infringement.
Legal Topics
Copyright Infringement, Originality of Artistic Works, Assignment of Intellectual Property Rights, Summary Judgment, Fixation Requirement, Substantial Copying
Intellectual Property Law Copyright Infringement Originality of Artistic Works Assignment of Intellectual Property Rights Summary Judgment Fixation Requirement Substantial Copying

Case Brief

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Parties

Islestarr Holdings Ltd

Claimant

Aldi Stores Ltd

Defendant

Procedural Posture

Civil Intellectual Property / Summary Judgment Application and Application to Re Amend Particulars of Claim

Legal Issues

  1. 1 Whether Islestarr owns copyright in the Starburst and Powder Designs
  2. 2 Whether copyright subsists in the Powder Design (fixation and originality)
  3. 3 Whether Aldi's products infringe Islestarr's copyright by copying a substantial part of the works

Ratio Decidendi

Islestarr established ownership and originality of the Starburst and Powder Designs, which are fixed artistic works. Aldi's palettes copied substantial parts of these designs, and Aldi's designers had access to the original works. The similarities are not commonplace or generic, and Aldi failed to show independent creation. There is no real prospect of Aldi successfully defending the claim, and no compelling reason for a full trial. Summary judgment is granted for Islestarr.

Court Disposition

Summary judgment granted for the claimant (Islestarr Holdings Ltd) on copyright infringement.

Orders

  • Permission to re-amend particulars of claim granted
  • Summary judgment for Islestarr on copyright infringement of Starburst and Powder Designs