12
of a plug would still be the vital
starting point of the construction
process.
The using of applicant's
hull as a plug from which to com¬
mence his construction process, and
thereby avoiding the necessity to
design his own hull, amounts in my
view to unfair competition, against
which applicant is entitled to be
protected."
The learned judge found further that Schultz's conduct in
using a Butt-Cat hull in order to produce hulls, whether
or not with the adaptations or modifications effected by
him, constituted an
infringement of the copyright which
Butt had in the Butt-Cat plug, moulds and hull.
He also
found in Butt's favour in respect of the claim for cancel¬
lation of the registration of Designs Nos 83/0645 and 83/0647
The cause of action based on passing off
was
abandoned
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents