Bodo Sperlein Ltd v Sabichi Retail Ltd & anr [2015] EWHC 1242 (IPEC)
This was a combined two-day trial for copyright infringement and an account of profits. The claimant traded in bespoke, contemporary homeware. One of the Claimant’s signature collections was a range of porcelain dinnerware carrying a ‘Red Berry’ motif. The Defendants operated at the mass-produced end of the market, and had imported a range of tableware into the UK carrying a ‘Red Blossom’ design, sold through their network of shops. The Red Blossom design was very similar to the Red Berry design, which led to an allegation of copying. The Defendants claimed independent design.
The Defendants’ account of independent design did not stand up under cross-examination, and neither their designer nor their director was able to rebut the inference of copying.
The Defendants argued that they had made next-to-no profit. However, the Claimant obtained an award of £31,700, and secured payment of 100% of its costs.
Chris Hall appeared as sole counsel for the Claimant.
Bodo Sperlein Ltd v Sabichi Retail Ltd & Sabichi Homewares Ltd [2015] EWHC 1242 (IPEC)