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"There is no question of granting
applicant a monopoly in regard to
the design of his hull .
Anyone is
entitled to design a hull with similar
features.
What applicant is entitled
to be protected against is the use by
first respondent of applicant's hull.
as a starting point.
First respon¬
dent must start from the beginning,
not on the second or third rung of
the ladder.
Applicant is not entitled
to be protected against another person
evolving his own design similar to
that of applicant, or even against
the copying of his design, but he is
entitled to be protected against the
use of one of his hulls to form a
mould, with or without modification.
See Callman on Unfair Competition
para 4.60."
Counsel for Schultz submitted that the main question in the
appeal was whether the copying of something which was not
protected by the Copyright Act, the Patents Act or the
Designs
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