In what could be considered the legal equivalent of a fairytale, the Intellectual Property Enterprise Court this week heard a complaint by children’s author Fay Evans over the 2019 John Lewis/Waitrose Christmas TV advertisement and spin-off book.
Evans claims the ad and storybook about a dragon named Excitable Edgar bears a ‘striking similarity’ to, and infringed the copyright of, her book Fred the Fire-Sneezing Dragon, which she published in 2017.
The retailer’s legal team argued that those responsible for the festive ad didn’t know of the existence of Fred when Edgar was created by creative agency DDB UK following a brief by John Lewis. The team began pitching ideas about a ‘lonely dragon’ the year before Evans’ book was released, the court heard.
Evans’ lawyers say the author was inundated with messages about the similarities between Fred and Edgar. Both are depicted as sad characters unable to control their fire-breathing abilities. The tales both end with a ‘constructive fire-breathing incident’.
Judgment was reserved, pending what is likely to be an incendiary ruling.
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