14 May 2003
FOSSIL, INC. v. TRIMSET LTD AND ANOTHER
- Citation
- FOSSIL, INC. v. TRIMSET LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2337/2000
The court found the Bruneau sketch and subsequent drawings to be original and owned by the plaintiff (employee authorship and written assignment where applicable); the defendant's finished watch was substantially similar and an infringing copy because the manufacturer had access to Big Tic and the defendant sold the product after purchasing it from that manufacturer (found on the balance of probabilities to be the 2nd defendant); accordingly primary infringement established; alternatively secondary infringement established from January 2000 when plaintiff's solicitors put the defendant on not…