There are many cases where infringement of intellectual property is done with no intent or malice.  In particular people in the creative fields can fall foul of someone else’s copyright where the wrong is not deliberate plagiarism but has come about because of human frailties, subliminal collection of information an unconscious cues.  Designers can also fall foul of intellectual property rights through homage or parody.  It sometimes falls to the courts to sort through the resultant mess using the legal framework to ascribe right and wrong to the parties’ actions and motivations.  Sometimes it’s easier than others.

Full Article can be found here from Boyes Turner.