Ashley Wilde Group Ltd v BCPL Ltd
The similarities between the Amore Products and the Evangeline Duvet Cover are not sufficiently close, numerous, or extensive to infer copying. The differences are material and indicate independent design. The claim of copyright infringement fails as the Amore Products were not copied from the Evangeline Design.
- Parties
- Claimant: Ashley Wilde Group Limited; Defendant: BCPL Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 21 November 2019
- Procedural Posture
- Copyright Infringement / Final Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Copyright Subsistence, Copyright Infringement, Indirect Copying, Artistic Works, Expert Evidence
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ashley Wilde Group Limited
Claimant
BCPL Limited
Defendant
Procedural Posture
Copyright Infringement / Final Judgment After Trial
Legal Issues
- 1 Whether BCPL's designer copied the Evangeline Duvet Cover
- 2 Whether the Amore Products are infringing copies of the Evangeline Design
- 3 Whether similarities between the Amore Products and Evangeline Duvet Cover are sufficient to infer copying
Ratio Decidendi
The similarities between the Amore Products and the Evangeline Duvet Cover are not sufficiently close, numerous, or extensive to infer copying. The differences are material and indicate independent design. The claim of copyright infringement fails as the Amore Products were not copied from the Evangeline Design.
Court Disposition
Claim dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment