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Button Moon creator Ian Allen wins court copyright fight | Button Moon creator Ian Allen wins court copyright fight |
(35 minutes later) | |
The creator of children's TV show Button Moon has won a damages claim against a businessman he said copied his designs on T-shirts and mugs. | The creator of children's TV show Button Moon has won a damages claim against a businessman he said copied his designs on T-shirts and mugs. |
Ian Allen, 63, of Tibenham, Norfolk, said seeing his Mr Spoon character on someone else's products was like seeing his children stolen. | Ian Allen, 63, of Tibenham, Norfolk, said seeing his Mr Spoon character on someone else's products was like seeing his children stolen. |
He was awarded £3,736 in damages from Robert Redshaw, of Bridlington, East Yorkshire, for copyright infringement. | He was awarded £3,736 in damages from Robert Redshaw, of Bridlington, East Yorkshire, for copyright infringement. |
Redshaw was also ordered to pay Mr Allen's legal costs of £3,421. | Redshaw was also ordered to pay Mr Allen's legal costs of £3,421. |
Button Moon, aimed at pre-school children, began life as a stage show in 1978. It ran for 91 episodes on ITV in the 1980s and is still broadcast on satellite channels. | Button Moon, aimed at pre-school children, began life as a stage show in 1978. It ran for 91 episodes on ITV in the 1980s and is still broadcast on satellite channels. |
'Very determined' | 'Very determined' |
Mr Allen still owns the copyright in his original designs and makes money granting rights to manufacturers to produce and sell Button Moon-related merchandise. | Mr Allen still owns the copyright in his original designs and makes money granting rights to manufacturers to produce and sell Button Moon-related merchandise. |
He sued Redshaw after discovering he was selling T-shirts and mugs featuring designs similar to Button Moon and the Mr Spoon character. | He sued Redshaw after discovering he was selling T-shirts and mugs featuring designs similar to Button Moon and the Mr Spoon character. |
He said: "I was very determined that this man should not win. It was like someone taking your children and doing what they want to with them, and making money from it." | He said: "I was very determined that this man should not win. It was like someone taking your children and doing what they want to with them, and making money from it." |
The Patents County Court heard Redshaw, who runs Bridlington-based Kapow Gifts, had previously gone to him asking for a licence to create and sell Button Moon T-shirts. | |
Mr Allen refused, but in 2009 he discovered T-shirts and mugs bearing strikingly similar designs to his were being sold via eBay and Amazon. | |
Trading standards officers from East Riding of Yorkshire Council visited Redshaw's shop, found some items on sale and ordered him to destroy them. | Trading standards officers from East Riding of Yorkshire Council visited Redshaw's shop, found some items on sale and ordered him to destroy them. |
'Closely copy' | 'Closely copy' |
Representing himself in court, Mr Allen said Redshaw has "passed off" Button Moon designs as authorised merchandise. | Representing himself in court, Mr Allen said Redshaw has "passed off" Button Moon designs as authorised merchandise. |
Redshaw denied copying the work, claiming he had intended to create a parody of Button Moon and Mr Spoon. | Redshaw denied copying the work, claiming he had intended to create a parody of Button Moon and Mr Spoon. |
He said he had taken care not to use the name Button Moon and that the items included a disclaimer, saying they were not official products. | He said he had taken care not to use the name Button Moon and that the items included a disclaimer, saying they were not official products. |
But Recorder Amanda Michaels rejected Redshaw's defence and said: "There is no doubt in my mind that Mr Redshaw has infringed Mr Allen's copyright. | But Recorder Amanda Michaels rejected Redshaw's defence and said: "There is no doubt in my mind that Mr Redshaw has infringed Mr Allen's copyright. |
"In my view, even though Mr Redshaw's goods do not bear the Button Moon name, and bear the disclaimers described above, they so closely copy the Button Moon characters' designs as to make a misrepresentation that the goods are licensed or official products." | "In my view, even though Mr Redshaw's goods do not bear the Button Moon name, and bear the disclaimers described above, they so closely copy the Button Moon characters' designs as to make a misrepresentation that the goods are licensed or official products." |