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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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