WATERROWER (UK) Ltd v Liking Ltd (t/a Topiom) [2022] EWHC 2084 (IPEC); [2023] ECDR 1
Miss Reid acted for the Claimant in successfully defending against the Defendant’s application to strike out the claim for copyright infringement on the basis that the Claimant’s WaterRower was not a work of artistic craftsmanship. The Defendant conceded that the WaterRower had eye-appeal. The Court held that the Claimant had a real prospect of demonstrating at trial that the WaterRower satisfied the tests in George Hensher Ltd v Restawile Upholstery (Lancs) Ltd [1976] AC 64, Cofemel-Sociedade de Vestuário SA v G-Star Raw CV (C-683/17; [2020] ECDR 9), SI and another v Chedech/Get2Get (C-833/18: [2020] Bus LR 1619) (Brompton) and Bonz Group (Pty) Ltd v Cooke [1994] 3 NZLR 216. Directions to trial were also provided.