Claim for copyright infringement in designs for badges. Judges: Rimer J Citations: [2007] EWHC 1372 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 51 Jurisdiction: England and Wales Intellectual Property Updated: 05 July 2022; Ref: scu.253463
The League sought an injunction against the majority Internet Service Provider respondents seeking to prevent them carrying links to a free sports TV internet channel. Held: The orders were granted. Judges: Arnold J Citations: [2013] EWHC 2058 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 Jurisdiction: England and Wales Intellectual Property Updated: 04 … Continue reading The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others: ChD 16 Jul 2013
The claimants, music copyright holders, sought an injunction against the defendant Internet Service Providers to require them to restrain access to a file-sharing website (TPB). Held: The website was infringing the copyright of the claimants. Judges: Arnold J Citations: [2012] EWHC 268 (Ch), [2012] 3 CMLR 14, [2012] RPC 27, [2013] Bus LR D24, [2012] … Continue reading Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 20 Feb 2012
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
The claimants had made several Star Wars films for which the defendants had designed various props items. The parties disputed ownership of the rights in the designs, and in articular of a stormtrooper helmet. The issues came down to whether the defendant had rights to reproduce images under sections 51 and 52. The claimants appealed … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999
The defendants appealed a finding that they had infringed the claimant’s unregistered design rights in collapsible umbrellas. The defendants said the law protected only the design as a whole, and that only part had been copied. Held: Authority was clear that subject to considerations as to the non-protection of ‘must fit/must match elements’ of a … Continue reading A Fulton Company Limited v Totes Isotoner (UK) Limited: CA 4 Nov 2003
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013
The parties disputed ownership of the designs for various props used in the Star Wars films. The defendant had developed designs from ideas originating within the claimant’s companies. Held: The judgment from the US in a similar claim was unenforceable here. No copyright existed in the helmet, since it was not a work of sculpture … Continue reading Lucasfilm Ltd and others v Ainsworth and Another: ChD 31 Jul 2008
The respondent company subscribed to a cuttings service, but redistributed the cuttings within its offices. The cuttings agency claimed that the re-distribution infringed their rights in the typographical arrangement. The cuttings did not give any indication of the view of the original layout, and the court held that the cuttings themselves were not such a … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001
Design right is limited to shape excluding any surface decoration. There is no infringement of design right by copying only the surface decoration. ‘The design in which the plaintiff primarily claims design right is now pleaded as ‘the whole external shape and configuration of that part of the wall units which are used in its … Continue reading Mark Wilkinson Furniture Ltd v Woodcraft Designs (Radcliffe) Ltd: ChD 13 Oct 1997
Judges: Bean LJ, McGowan DBE J Citations: [2017] EWHC 2151 (Admin) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 297 Jurisdiction: England and Wales Intellectual Property Updated: 29 March 2022; Ref: scu.593601
Composers had entered an agreement with the respondent, assigning all copyrights in their works to the respondent. The respondent asserted also an equitable assignment of all future works. The appellant asserted that the rights in the particular work had not been assigned, having being written for them. Held: The appeal failed. The relative clause in … Continue reading B4U Network (Europe) Ltd v Performing Right Society Ltd: CA 16 Oct 2013
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009
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Lord Templeman said: ‘The appellants’ submissions are, in essence, based on the proposition that if a product is worth copying, the law should protect the product against being copied. My Lords, that is not the law. In British Leyland Motor . .
The claimant copyright holder sought an order requiring the defendant to restrain access to a website which they said infringed its copyrights.
Held: The court set out the terms of the order made. . .
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