Case No. IP-2021-000111

’. This was commissioned by JLP from a publisher called Nosy Crow and illustrated by an illustrator named Jo Lindley. Ms Lindley drew the eponymous dragon in a simpler style than the manner in which he appeared in the 2019 Advert. Excitable Edgar was made available to purchase in John Lewis shops and Waitrose supermarkets at around the same time as the 2019 Advert was launched, as was a soft toy Edgar produced as part of the merchandising around the 2019 Advert.14.The 2019 Advert was released by JLP online on 14 November 2019 and first shown in cinemas on 15 November 2019 and on television on 16 November 2019. Upon seeing it minutes after release on 14 November 2019, the Claimant immediately alleged on social media that JLP had copied FFD. The Claimant made a formal legal complaint about both the 2019 Advert and Excitable Edgar in December 2020. Following correspondence between the parties’ legal advisors, she issued the Claim in November 2021. THE RESULT15.16.17.18.I have been extremely impressed by the professionalism, thoroughness, care and creativity disclosed in the evidence of all those involved in the creation of the 2019 Advert and Excitable Edgar. They each appear to be at the very top of their game in their respective industries, and I consider they exit this litigation without the slightest hint or shadow of a stain on their creative integrity.19.20.Accordingly, I dismiss the Claim and find for the Defendants on the Counterclaim. The rest of this judgment explains my reasons for reaching these conclusions.THE DRAGONS21.Since the dragons in the 2019 Advert and Excitable Edgar are not identical, I will refer to them in this judgment as “TV Dragon” and “Edgar” respectively. 22.Example images of the dragons from the works at issue are set out in Figures 1 – 3 below. Figure 1 – Fred from FFDFigure 2a, 2b and 2c – TV Dragon from the 2019 AdvertFigure 3 – Edgar from Excitable Edgar