Action Storage v G-Force [2017] FSR 18

An unusual case in which the right owner itself had copied from an earlier design.  The defence was that, insofar as the design had been taken, the right holders design was not original.  The court held however that there was sufficient originality albeit in some very minor aspects and those aspects had indeed been taken.  The court also considered, and rejected, the argument that certain aspects were method or principles of construction.  A ‘must fit’ challenge on other aspects was upheld.

 

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