Whisky makers fail to prevent rival from selling 'distinctive' glass

A whisky company has been refused an injunction to prevent a rival making a glass that could breach its copyright.

Dartington Crystal produced glassware and was preparing to release a new type of whisky glass on to the market.

However, whisky company Glencairn brought a claim alleging a copyright infringement of its registered design for what it claimed was a wholly new and distinctive type of whisky glass.

It applied for an interim injunction to prevent Dartington selling its new glass until the copyright issue had been settled at a full trial.

The judge said the court had to balance the possibility of damage to Glencairn if the full hearing decided its copyright had been infringed, against the damage to Dartington if it was decided it had not breached copyright.

He found in favour of Dartington and declined to grant the injunction. He held that if Glencairn eventually won the copyright dispute, it could be compensated by being awarded damages for any losses suffered.

The judge took into account the fact that there was no suggestion that Dartington would not be able to pay damages if it lost the case.

Please contact us if you would like more information about the issues raised in this article, or any aspect of copyright law.

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