Case No. IP-2021-000111

Studios Ltd (“Untold”), and who worked with a director, Dougal Wilson and an external production company, Blink Productions Limited.9.The young dragon in the 2019 Advert is also living in a human world, set in an unspecified time in the past, which appears somewhat medieval. He is shown running excitedly to help two children build a snowman, but in his excitement emitting flames which reduce it to a puddle. He is thrilled to see skaters on the village rink, and runs to join them, but inadvertently melts the ice so they are all left standing in cold water. He attends the unveiling of the splendid Christmas tree in the village square, and tries to control his excitement by tying his mouth shut with a scarf, but flames shoot out of his ears and burn it to the ground. The attendant crowd are displeased. He retreats sadly to his home, and only comes out when his best friend, a young girl, gives him a present. That turns out to be a Christmas pudding, which he carries proudly into the village Christmas banquet, and lights with his fire, to cheers from all.10.The Defendants’ case is that the 2019 Advert was based on a concept originally conceived and outlined by a leading creative at adam&eveDBB, Simon Lloyd, in 2016. They have disclosed a copy of a four-page document which the metadata shows was created on 24 February 2016 (“2016 Outline”) which they say was one of three very similar versions of the concept created around that time. The Claimant accepts the 2016 Outline was created on that date.11.The 2016 Outline states that the lonely dragon was to be “the story of an adorable young dragon” who is “simply so excited about Christmas that he cannot control the flames from his mouth. He burns everything he encounters” which “is made all the more painful as all he wants to do is get involved in all the festive celebrations”. The dragon in this case appears to be living in a community of dragons in or near woods, which he is shown as flying through. His disastrous encounters include melting a snowman being built by three baby dragons, trying to decorate a Christmas tree but leaving it in cinders, melting a skating lake when trying to skate with friends, and burning wrapping paper when trying to wrap presents. He gains acceptance due to the arrival of a thoughtful gift from his friend, a candle, which allows him to channel his flames to less destructive and more useful effect. He lights the candle, and then “leaps up and lights the street lights as they run down the road. He leans in through the window of a family eating dinner and lights their Christmas pudding”. He also melts the snow on the path of a lady who is trying to clear it, earning her gratitude. At the end, he lights the candlesticks on the Christmas lunch table.12.The 2016 Outline was known within adam&eveDBB as the ‘lonely dragon’ concept. It had, together with other ideas, been pitched to JLP by adam&eveDBB as a possible concept for their Christmas Advert in 2016, 2017 and 2018, but each time JLP had preferred another option. It was pitched again in 2019, with, inter alia, the ending changed from lighting candles to lighting a Christmas pudding, and this won JLP’s approval.13.The 2019 Advert was supplemented by a spin-off illustrated children’s book called ‘Excitable Edgar’. 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.