Copyright – Infringement. The claimant and the defendant were both companies engaged in the fashion design business. The claimant had supplied the defendant with a sample of fabric. It brought proceedings, alleging that the defendant had breached its copyright and community design by amending the design of the claimant's sample fabric to create a design for dresses, which the claimant had supplied to Marks & Spencer (M&S). The Intellectual Property and Enterprise Court, in dismissing the claims, held that, on the evidence, the defendant had not copied the claimant's fabric when the fabric supplied to M&S had been created.