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ARTICLE · 09 MAY 2012

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A recent decision of the English Patents Court involved a claim for copyright infringement relating to photographs used by the parties on the packaging of their respective products.

CanadaIntellectual Property
John McKeown
John McKeown
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A recent decision of the English Patents Court involved a claim for copyright infringement relating to photographs used by the parties on the packaging of their respective products.

The Parties

The plaintiff sells souvenirs of London. A number of products sold by the plaintiff bear its photograph including mugs, stationery, key fobs and the like. The image has become famous in the souvenir industry. In addition, a number of other organizations have been licensed to use the image by the plaintiff including Historic Royal Palaces, the organization which operates the Tower of London, and the National Gallery. Click here to view the copy of the plaintiff's photograph.

The defendants produce and sell tea to a wide variety of customers throughout the world. The defendants' best selling teas come in tins and cartons bearing images of English landscapes, icons of England and images of London.

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