The next is the album Exhibit P.8 which had marks of gold against different colours in the
background. The expression of the mask on the album is the same idea but is significantly
different from that on the wall hanging. There is therefore no infringement here.
Next is a wall hanging Exhibit P.9 with motifs like fish, tortoise, mask and lizard with details
in gold with different colours of background and having the same black border. The
expression of the mask, fish, tortoise and lizard on this wall hanging (Exhibit P.9) was
significantly different from that on the wall hanging (Exhibit P.3). There is therefore no
infringement here.
Bushmen
In this category Ms. Atal presented a wall hanging that was marked Exhibit P.11 with the
black slender figures/stick people who have gold lines to show the sashes they use while
dancing, the details the gold in the drums, the skirts and the eyes in the animals plus the use
of the same black to bring out the figures.
She compared this piece with a lamp shed Exhibit P.12 and a calabash Mark it Exhibit P.13
where she testified that the defendant used the same black to bring out the figures, the
same details in gold and the same details in the instruments using gold lines and the same
sashes in gold. In this instance, the idea was the same however the expression is different.
There is therefore no infringement here.
Masai collection
Ms. Atal PW1 produced before court a season card marked Exhibit P.14 which she compared
this card with wall hanging marked Exhibit P.15. Upon comparison of the two it is my finding
that the details in the face showing the eyes, the nose, mouth and gold lines on the legs and
arms were the same as the gold lines on the legs and on the arm showing the bracelets.
Also they are carrying water in pots and food in the baskets and had the same exact people,
wearing the same colourful cloths and design as well as same orange colour for the
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