L. Woolley Jewellers Ltd v A & A Jewellery Ltd and Another

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
Judgment Date31 Jul 2002

COURT OF APPEAL

Before Lord Justice Thorpe, Lord Justice Robert Walker and Lady Justice Arden

L. Woolley Jewellers Ltd
and
A & A Jewellery Ltd and Another

Copyright - difference between enquiry whether item copied forms substantial part of copyright work and whether whole design containing copied element was substantially same design - design right infringements - regard to be had to whole design

Design and copyright difference

There was a difference between an inquiry into whether the item copied formed a substantial part of a copyright work and an inquiry into whether the whole design containing the element which had been copied was substantially the same design as that which enjoyed design right protection.

On the test applicable to design right infringement, it might not be enough to copy a part, even a substantial part. Regard had to be had to the overall design which enjoyed design right.

The Court of Appeal (Lord Justice Thorpe, Lord Justice Robert Walker and Lady Justice Arden) so held on July 31, 2002, allowing an appeal by the defendants, A & A Jewellery Ltd and A & A Jewellery (London) Ltd, from a decision of Judge Fysh, QC, in the Patents County Court on...

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5 cases
  • Utopia Tableware Ltd v BBP Marketing Ltd and Another
    • United Kingdom
    • Intellectual Property Enterprise Court
    • 12 November 2013
    ...from copyright infringement and regard has to be had to the overall design which enjoys design right: see Arden LJ in L Woolley Jewellers v A&A Jewellery [2003] FSR 15 at [19]. Analysis 102 The only feature which I have not already discounted is feature 1(a), so that it is the only one......
  • SAS Institute Inc. v World Programming Ltd
    • United Kingdom
    • Chancery Division
    • 22 November 2010
    ...part of the originality of the work.” 171 The penultimate sentence of this passage was explained by Arden LJ in L. Woolley Jewellers Ltd v A & A Jewellery Ltd [2002] EWCA Civ 1119, [2003] FSR 15: “[9] The judge did not explain the last sentence of his citation from Lord Hoffmann's spe......
  • Original Beauty Technology Company Ltd v G4K Fashion Ltd
    • United Kingdom
    • Chancery Division
    • 24 February 2021
    ...right with infringement of copyright was specifically rejected by the Court of Appeal in Wooley v A Jewellers [2002] EWCA Civ 1119; [2003] FSR 15, where it was held at [19] that: “19 … As Aldous J observed in the passage I have set out in the Klucznik case, there is a difference between an......
  • Lambretta Clothing Company Ltd v Teddy Smith (UK) Ltd
    • United Kingdom
    • Chancery Division
    • 23 May 2003
    ...substantially to that design: s.226(2) of the 1988 Act. In L. Wooley Jewellers Ltd. v. A&A Jewellery Ltd [2002] EWCA Civ 119; [2003] FSR 15, Arden LJ (with whom the other members of the Court of Appeal agreed), said, in this regard, at para. [15]: "Copyright may be infringed by mak......
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