Red Berries - Bodo Sperlein Ltd v Sabichi Ltd
In John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd [2014] EWHC 3779 (IPEC) (21 Nov 2014) which I discussed in Is this a copy? John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd 11 Dec 2014, His Honour Judge Hacon assessed the steps to be taken by the court when assessing an allegation of infringement of copyright. He considered them again in Bodo Sperlein Ltd v Sabichi Ltd and Another [2015] EWHC 1242 (IPEC) (8 May 2015) at paragraph [33] of his judgment: "In the absence of direct evidence of copying, the first of the steps to which I referred is to consider whether the claimant has established a prima facie inference of copying by reason of similarities between the copyright work and the defendant's work. In many cases (this is one) any inference of copying will come in the first instance from a comparison between the defendant's work and a publicly available design in the alleged chain of copying." He added at pa...