Had a boring lunch break (working in school) and read through some of the Court proceedings. it seems the company 'Creare Form AB' were creating and promoting a C Type copies under the name Authenticat.
The original one had been sold by Creare Form to Karl Magnusson (owner of the company). It had then been displayed in public, and marketing produced for sale of subsequent models.
Some employees of JLR had been liaising with Karl with drawings and design since 2006 on the belief that he was creating a one off, personal replica, not that he was creating a number of copies for commercial reasons.
So it seems that if you want to build your own one off copy, not a problem. If you want to produce and sell copies, then JLR will come after you.