Copyright in Antlers: ATB Sales Ltd v Rich Energy Ltd and Others

Red Deer Antlers Author: Mehmet Karatay Licence: Creative Commons Attribution-Share Alike 3.0 unported Source: Wikipedia Antler Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) ARB Sakes Ltd v Rich Energy Ltd. and Others [2019] EWHC 1207 (IPEC) 9 May 2019 This was a copyright infringement claim. The claimant trades as Whyte's Bikes and if you visit its website you should see a very distinctive antler logo. That was designed by two of its employees, Guy Farrant and Mark Morgan. The first defendant supplies an energy drink known as Rich Energy which it promotes with a racing car. If you visit its website right now (but probably not for much longer) you will see a not dissimilar logo. The claimant claimed that the first defendant had copied the artwork for its logo. As the first defendant had registered that logo as a trade mark, the claimant applied for it to be declared invalid on the ground that its ...