26 Mar 1987
INTERLEGO AG v. TYCO INDUSTRIES INC. AND OTHERS
- Citation
- INTERLEGO AG v. TYCO INDUSTRIES INC. AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV43/1986
Appeal allowed in part. Court held pre-1973 Lego drawings were designs within s.1(3) Registered Designs Act and, on proper construction of para.8(2), such pre-1973 designs are excluded from copyright (no copyright subsisted in those pre-1973 drawings). There was insufficient evidence to establish copyright in the moulds as engravings. Post-1972 drawings were original and, on the evidence, Tyco substantially reproduced (infringed) most of those drawings; s.9(8) and s.10 defences failed on the facts; estoppel/election/expired-patent arguments did not bar relief; additional damages under s.17(3)…