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Islestarr succeeds in copyright action against Aldi (Islestarr v Aldi)

Islestarr succeeds in copyright action against Aldi (Islestarr v Aldi)
Published on: 08 August 2019
Published by: LexisPSL
  • Islestarr succeeds in copyright action against Aldi (Islestarr v Aldi)
  • What was the background?
  • What did the court decide?
  • Ownership
  • Originality
  • Fixation and copying
  • Infringement
  • Flagrancy
  • Evidence
  • Case details

Article summary

IP analysis: The High Court has granted Islestarr (the claimant) summary judgment against Aldi (the defendant) in relation to Islestarr’s claim that Aldi infringed its copyright in two artistic works—the ‘Starburst Design,’ which decorates the lid of a package containing two makeup powders, and the ‘Powder Design,’ which is embossed into the powders. The judge concluded that Aldi had no real prospect of successfully defending Islestarr’s claim for copyright infringement in respect of these designs because the similarities between them and those used by Aldi on its makeup palettes amounted to a substantial part of the designs and nothing in Aldi’s draft defence or evidence persuaded the judge that the similarities did not arise from copying. or take a trial to read the full analysis.

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