WaterRower (UK) Limited v Liking Limited (T/A Topiom)

WaterRower (UK) Limited v Liking Limited (T/A Topiom)

The claim that the WaterRower is a work of artistic craftsmanship is not bound to fail and there are real prospects of success at trial; the evidence before the court is sufficient to resist strike out or summary judgment, as factual issues regarding artistic intention, craftsmanship, and creative choices require determination at trial.

Parties
Claimant: Waterrower (UK) Limited; Defendant: Liking Limited (T/A Topiom)
Jurisdiction
England and Wales
Judgment Date
05 August 2022
Procedural Posture
Intellectual Property/copyright Infringement / Ruling on Application to Strike Out And/or Summary Judgment Prior to Trial
Outcome
Defendant's application to strike out the claim and for summary judgment is dismissed.
Legal Topics
Works of Artistic Craftsmanship, Copyright Subsistence, Summary Judgment, Strike Out Applications, EU Copyright Law, Originality, Functional Constraints and Copyright
Intellectual Property Copyright Law Works of Artistic Craftsmanship Copyright Subsistence Summary Judgment Strike Out Applications EU Copyright Law Originality +1 more

Case Brief

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Parties

Waterrower (UK) Limited

Claimant

Liking Limited (T/A Topiom)

Defendant

Procedural Posture

Intellectual Property/copyright Infringement / Ruling on Application to Strike Out And/or Summary Judgment Prior to Trial

Legal Issues

  1. 1 Whether the WaterRower rowing machine is a 'work of artistic craftsmanship' under section 4(1)(c) of the Copyright Designs and Patents Act 1988
  2. 2 Whether the claim should be struck out or summary judgment granted on the basis that the WaterRower is not a work of artistic craftsmanship
  3. 3 Whether the WaterRower meets the requirements for copyright protection under both UK and EU law

Ratio Decidendi

The claim that the WaterRower is a work of artistic craftsmanship is not bound to fail and there are real prospects of success at trial; the evidence before the court is sufficient to resist strike out or summary judgment, as factual issues regarding artistic intention, craftsmanship, and creative choices require determination at trial.

Court Disposition

Defendant's application to strike out the claim and for summary judgment is dismissed.

Orders

  • The claim is not struck out and will proceed to trial.
  • Case management orders made at the CMC are to be sealed.