Jacob J referred to the judgment of AL Smith LJ in Shelfer, and granted an injunction, even though he was not able to say that a small sum of money would be adequate compensation. The ‘checklist’ in that judgment was not an exhaustive statement and could very exceptionally be departed from, in the case before him appropriately so because the defendant had been exploiting the copyright for 11 years.
Judges:
Jacobs J
Citations:
[1996] EMLR 452
Jurisdiction:
England and Wales
Citing:
Cited – Shelfer v City of London Electric Lighting Company, Meux’s Brewery Co v Same CA 1895
The plaintiff sought damages and an injunction for nuisance by noise and vibration which was causing structural injury to a public house.
Held: The court set out the rules for when a court should not grant an injunction for an infringement of . .
Cited by:
Cited – Ludlow Music Inc v Williams and others ChD 2-Oct-2000
The claimant sought damages for copyright infringement in respect of two works which parodied a song to which they owned the rights.
Held: The amount copied, being as much as a quarter of the original work, meant that the claim was . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 01 May 2022; Ref: scu.272769