Signature Realty Ltd v Fortis Developments Ltd & Anor

Copyright subsists in the C&W drawings as original artistic works. Defendants infringed copyright by reproducing substantial parts of the floor plan drawings for construction and marketing purposes. No infringement found in elevation drawings or CGIs. No flagrancy established for additional damages. Injunctive relief refused as unnecessary.

Parties: Claimant: Signature Realty Limited; Defendant: Fortis Developments Limited; Defendant: Beaumont Morgan Developments Limited
Jurisdiction: England and Wales
Judgment Date: 17 February 2017
Procedural Posture: Copyright Infringement Action / Judgment After Trial
Outcome: Claimant succeeds in part; copyright infringement established in relation to floor plan drawings; damages to be assessed; no injunction granted.
Legal Topics: Copyright in Architectural Drawings, Infringement, Originality, Damages, Injunctive Relief

Intellectual Property Property Law Copyright in Architectural Drawings Infringement Originality Damages Injunctive Relief

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 7

Parties

Signature Realty Limited

Claimant

Fortis Developments Limited

Defendant

Beaumont Morgan Developments Limited

Defendant

Procedural Posture

Legal Issues

1 Whether copyright subsists in the architect's drawings
2 Whether defendants infringed copyright by use and reproduction of drawings
3 Entitlement to damages and additional damages

Ratio Decidendi

Court Disposition

Claimant succeeds in part; copyright infringement established in relation to floor plan drawings; damages to be assessed; no injunction granted.

Orders

Order for inquiry as to damages or account of profits
No injunctive relief granted