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.
