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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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