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04 April 2023
Issue: 8020 / Categories: Legal News , Intellectual property , Media
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Copyright lawyers on fire in dragon dispute

Retailer John Lewis has successfully battled a claim that the star of its 2019 Christmas advert, an excitable dragon, copied elements of a children’s book.

Author Fay Evans issued social media posts and press releases alleging the ad copied her dragon, and claimed breach of copyright. The ad agency adam&eveDDB provided documentary proof they were working on the idea a year before Evans’ book was published.

In a rare move, John Lewis and adam&eveDDB also counterclaimed, seeking a positive declaration they had not infringed copyright and an order requiring Evans to publicise the judgment on her website and social media.

Handing down judgment this week, in Evans v John Lewis [2023] EWHC 766 (IPEC), Judge Melissa Clarke rejected Evans’ claim and granted the counterclaim in full.

Oliver Fairhurst, partner at Lewis Silkin, acting for the defendants, said he believed this was the first case where an unsuccessful claimant has been ordered to publicise the judgment.

Issue: 8020 / Categories: Legal News , Intellectual property , Media
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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