34
interest.
Some examples are given in Christine
Feliner, The Future of Legal Protection for Industrial De¬
signs (ESC Publishing Limited, Oxford, 1985):
"319
On 9 November 1978 a plaintiff com¬
plained to the Court of Appeal at
Ghent about slavish copying of his
advertisements for carpets.
He did
not allege copyright infringement,
but said that he had originated the
theme of bare feet on a carpet sug¬
gesting a feeling of pleasant comfort,
and had used and developed this theme
for many years at considerable cost.
The defendant had, the Court found,
taken care to avoid confusion but
had taken advantage of this original
'theme', and there was substantial
similarity of presentation.
An
injunction was granted, based entirely
on the 'parasitic' exploitation of
the investment and ideas of another.
Confusion was not necessary
A......
"
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