Case No. EWHC-11-(IPEC)

(a circle with a flame in it) and the font used in the Work for the word CORMETON, he had not, in fact, created the Work as it was defined by the Claimant in its Particulars of Claim. The Flaming O Device is shown here: 39.40.Alternatively, the Claimant made what its counsel described as a “contingent application” for permission to amend its pleadings to delete the depicted Work from the Particulars of Claim, and substitute instead the Flaming O Device. 41.Counsel for the Claimant’s application also proposed to amend paragraph 6 of the Particulars of Claim as follows: In the creation of the Work, Mr Warburton senior expended a significant original and artistic effort. The Work is the expression of Mr Warburton senior’s own intellectual creation. That intellectual creation was expressed in particular through the creation of the appearance of the flame effect element of the Work, and the shape, size and position of the white nearlycircular element, the selection of the colours of the Work, and the selection of the font and colour and position of the word “Cormeton” within the Work. 42.That contingent application was made in counsel for the Claimant’s reply speech, in the last half hour of the trial. I rejected that application for the reasons I gave at the time. 43.