Intellectual Property Rights

Question 1

Exxon Corp v Exxon Insurance Consultants Ltd [1982] Ch 119

copyright

Answer 1

 Copyright cannot subsist in words merely because they can be described as “original,” “literary” and “work” under the Copyright Act 1956 s.2(1) ; the work must offer information, instruction or pleasure in the form of the literary enjoyment. P Co an oil company invented the word “Exxon” as its corporate name and trade mark. D Co borrowed the name for itself without P’s consent.
 Held, dismissing the appeal, that copyright could not exist in words merely because they could be described as “original,” “literary” and “work”; the work must offer information, instruction or pleasure in the form of literary enjoyment. In that sense, “Exxon” was not an original literary work.