A children's author has lost her bid to sue John Lewis over claims the firm stole her idea about a lonely fire-sneezing dragon for one of its iconic Christmas ad campaigns.

Fay Evans, 49, from Macclesfield, sued the retail giant over its 2019 Christmas advert, featuring a clumsy young dragon she claimed was similar to her own book, 'Fred the Fire-sneezing Dragon'.

Ms Evans, who claimed damages for breach of copyright, self-published her own dragon-based book and said there were "striking similarities" to the John Lewis character.

She wrote three books for children, one of which is called "Fred the Fire-sneezing Dragon" that was self-published in 2017.

The John Lewis version, produced in partnership with sister company Waitrose, followed Edgar - a young dragon living in a human world.

He excitedly helps two children build a snowman, but in his excitement sneezes flames that reduce it to a puddle.

When he is thrilled to see skaters on the village rink and runs to join them, but inadvertently melts the ice so they are all left standing in cold water.

Edgar then goes to the unveiling of the Christmas tree in the village square and tries to control his excitement by tying his mouth shut with a scarf, but flames shoot out of his ears and burn it to the ground.

Edgar finally shuts himself away, until his friend Ava encourages him to go back to the village with a Christmas pudding as a gift, which allows him to put his fire to use.

The High Court of Justice in London held the case. (Image - CC 4.0 Unchanged bit.ly/433C3wi Bjørn Erik Pedersen)

A live-action film was also released featuring Edgar in November 2019 and the advert was made into a spin-off illustrated children's book called 'Excitable Edgar'.

Fred is also a young dragon who is a school pupil alongside human characters, including children and teachers.

In the cartoon tale, he also accidentally emits fire when he sneezes with unfortunate results, such as burning books and pencils, melting ice-cream in the school tuck shop and setting fire to trees while on a cross-country run.

As a result he is teased and left feeling sad, but his sneezes ultimately save the day when the school canteen oven breaks and he is able to cook the school lunch using his fire.

As part of its response to the claim, John Lewis said the concept for their advert was presented to their team in early 2016 - a year and seven months before Ms Evans published her book in September 2017.

Her case hinged on proving that the creative team behind the advert had "access" to her Fred the Dragon story before they came up with their own campaign.

But at the High Court in London at the end of January, a judge ruled John Lewis could not have copied her work because their advertising agency had not seen the book before coming up with their concept.

Her Honour Judge Melissa Clarke said dragons were used in stories for centuries and even cited an Old Testament passage from the Bible featuring one of the creatures sneezing fire.

In a judgment published today (Mon), she stated: "The dragon is a creature of myth, dating back to ancient times and found in cultures across the world.

"As a mythic animal, its appearance, characteristics and personality are not fixed, but have been reinterpreted through the years to suit the purposes and culture of the person utilising it.

"In the earliest tellings, the dragon was malevolent, destructive or fear-inspiring, and often all three.

"In the Old Testament, a dragon is used as a cypher for Satan himself and is described in terms including: 'His sneezes flash forth light, and his eyes are like the eyelids of the morning. Out of his mouth go burning torches; sparks of fire leap forth. Out of his nostrils smoke goes forth, as from a boiling pot and burning rushes. His breath kindles coals, and a flame goes forth from his mouth.'

"The idea of dragons sneezing and breathing fire, and that such fire can be put to useful purposes such as kindling coals, is therefore very old indeed."

The trial was held at the High Court on January 30 and 31 and saw Ms Evan take on John Lewis Plc as well as advertising agency DBB UK Ltd.

The defendants said the 2019 advert was based on a concept originally conceived and outlined by a leading creative at adam&eveDBB in 2016 and handed documents showing this outline idea to the court.

The court heard Ms Evans sold copies of Fred the Dragon on Amazon and her own site in "small numbers'', along with carrying out live readings.

Between its launch in September 2017 and October 2019, she disclosed sales totalling 914 copies, 709 of which have been via schools, 76 to family and friends, 68 on Amazon and 61 from her website, the court heard.

Ms Evans sought damages or an 'account of profits', an injunction against further copyright infringement in Fred the Fire-sneezing Dragon, an order for delivery up of infringing materials or articles, an order for dissemination and publication of any judgment or order made in this case at the defendants' expense, costs and interest.

But this was rejected by the judge, who said: "It is the claimant's case that the 2019 advert and 'Excitable Edgar' infringe the copyright in FFD [Fred the Fire-sneezing Dragon].

"For reasons which I will go on to set out, I conclude that they do not, and that the Claimant has failed to satisfy me on the balance of probabilities that the employees of JLP [John Lewis Plc] and adam&eveDBB working on those projects, or any of the other creatives involved including the director Dougal Wilson, Untold, Nosy Crow, and Ms Lindley, had seen FFD until after the 2019 Advert and Excitable Edgar were made and launched and the claimant made her allegations of copying on social media.

"There can be no copyright infringement without copying, and there can be no copying if the work alleged to have been copied has not been accessed [i.e. seen, in this case] by those said to have copied it.

"I have been extremely impressed by the professionalism, thoroughness, care and creativity disclosed in the evidence of all those involved in the creation of the 2019 advert and Excitable Edgar.

"They each appear to be at the very top of their game in their respective industries, and I consider they exit this litigation without the slightest hint or shadow of a stain on their creative integrity."

Judge Clarke also ordered Ms Evans to post a copy of her judgement on her website, Facebook and Twitter page, as she made the allegations of copyright infringement on social media over a three-year period.

She wrote: "However, because of those concerns, and because the claimant for the last three years and more has carried on a media campaign publicising her allegations of copyright infringement, which have been unsuccessful in this court, I will make a declaration of non-infringement and an order requiring the claimant to publicise this judgment on her website.

"Accordingly, I dismiss the Claim and find for the defendants on the counterclaim."

John Lewis had previously said they were 'surprised' by the lawsuit.

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By Chris Dyer