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Blayney (T/A Aardvark Jewelry) v Clogau St David’s Gold Mines Ltd and others: ChD 20 Jul 2001

The court undertook an enquiry as to damages: ‘(1) Damages were to be assessed liberally on the basis of such inferences as the evidence justified.(2) Damages were to be assessed by reference to two periods, November 1992 to February 1996 and March 1996 to March 1997. The difference between them is that in the latter … Continue reading Blayney (T/A Aardvark Jewelry) v Clogau St David’s Gold Mines Ltd and others: ChD 20 Jul 2001

Experience Hendrix Llc v Purple Haze Records Ltd and Another: ChD 24 Feb 2005

The claimant company sought summary judgment against the defendants who had manufactured and sold unauthorised recordings of a concert by the late Mr Hendrix in Sweden in 1969. Held: The performance was given retrospective protection under the 1988 Act. At the time of the performance, English law would have given no remedy, but the new … Continue reading Experience Hendrix Llc v Purple Haze Records Ltd and Another: ChD 24 Feb 2005

British Broadcasting Corporation and Another v Mechanical-Copyright Protection Society Ltd and Others: ChD 6 Nov 2018

Appeal against a decision of the Copyright Tribunal on a preliminary issue in a reference under section 126 of the 1988 Act, brought by the BBC in the following terms: ‘In this reference to what extent (if any) does the Tribunal have jurisdiction to set the terms of licences in issue (being the BBC Agreement, … Continue reading British Broadcasting Corporation and Another v Mechanical-Copyright Protection Society Ltd and Others: ChD 6 Nov 2018

Ultraframe UK Limited v Clayton, Fielding and Others: CA 12 Dec 2003

The company was 100% owned by its designer. He purported to retain the design right. Held: The designer held the rights in trust for the company. An assignment by a shareholder holding all the shares in a company was possible, but not when the act would be ultra vires the company. Judges: Waller, Longmore, LJJ, … Continue reading Ultraframe UK Limited v Clayton, Fielding and Others: CA 12 Dec 2003

R Griggs Group Ltd and others v Evans and others: ChD 2 Dec 2003

An advertising agency was requested to provide a logo. It employed an independent designer. Who owned the copyright, in this case of the AirWair logo? The defendants had taken an assignment of the copyright from the first author. The claimants sought a declaration as to its ownership. Held: It was possible for copyright and trade … Continue reading R Griggs Group Ltd and others v Evans and others: ChD 2 Dec 2003

Football Association Premier League Ltd and others v Panini UK Ltd: CA 11 Jul 2003

The respondents published articles including pictures which themselves included the claimant’s logo. The claimant sought damages for breach of copyright. The defendant claimed protection under section 31 on the basis that the inclusion of the marks was incidental. Held: There was no disjunction in principle between the words ‘incidental’ and ‘integral’ within the section. The … Continue reading Football Association Premier League Ltd and others v Panini UK Ltd: CA 11 Jul 2003

Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others: ChD 13 Mar 2003

The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members. Held: The right to issue representative actions varies with the nature … Continue reading Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others: ChD 13 Mar 2003

Haberman and V and A Marketing Limited v Jackel International Limited: PatC 15 Jan 1999

The fact that an inventive step was small and simple did not mean it was obvious where substantial other commercial development activity had failed to see the idea. The development was sufficiently inventive to deserve monopoly protection. Citations: Times 21-Jan-1999, [1999] EWHC Patents 269, [1999] FSR 683 Links: Bailii Statutes: Copyright Designs and Patents Act … Continue reading Haberman and V and A Marketing Limited v Jackel International Limited: PatC 15 Jan 1999

Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001

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

Norowzian v Arks Limited and Others: ChD 17 Jul 1998

A film whose defining and innovative characteristic was the editing which produced stylised jumps in the action, which were incapable of performance by the actor, was not a dramatic work protected by copyright. A film per se cannot be a dramatic work within the meaning of the 1988 Act, though it can be a recording … Continue reading Norowzian v Arks Limited and Others: ChD 17 Jul 1998

Mark Wilkinson Furniture Ltd v Woodcraft Designs (Radcliffe) Ltd: ChD 13 Oct 1997

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

Newspaper Licensing Agency Ltd v Marks and Spencer Plc: CA 26 May 2000

The defendant had a cuttings service, and distributed selected articles amongst its staff. The Agency complained that this amounted to copying a substantial part of the editions from which the cuttings were taken. There was no typographical copyright infringed as the layout had changed, and the work referred to was the entire paper edition, and … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: CA 26 May 2000

Farmer Build Ltd v Carier Bulk Materials Handling Ltd and others (2): CA 3 Dec 1998

First case on design right to reach the court of appeal Judges: Simon Brown, Mummery LJJ, Sir Christopher Slade Citations: [1998] EWCA Civ 1900, [1999] RPC 461, [1999] ITCLR 29, [2000] ECDR 42 Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 Jurisdiction: England and Wales Intellectual Property Updated: 30 May 2022; Ref: scu.145379

The Newspaper Licensing Agency Limited v Marks and Spencer Plc: PatC 19 Jan 1999

The daily circulation within a large company of press cuttings was outside the scope of the reporting of current events defences to copyright infringement. Ownership of the typographical arrangement of a newspaper article sufficed to found a claim. An edition meant a ‘version’ of a literary work and ‘In the case of a newspaper made … Continue reading The Newspaper Licensing Agency Limited v Marks and Spencer Plc: PatC 19 Jan 1999

Thermos Limited v Aladdin Sales and Marketing Limited: CA 10 May 2001

The complainant alleged breach of their registered design for a flask. Whether the designs are substantially different is for the court on a comparison of the features judged eye. The court represents a customer interested in the design. It can look at available design if the design of the registered design only differs from the … Continue reading Thermos Limited v Aladdin Sales and Marketing Limited: CA 10 May 2001

Regina v Registered Designs Appeal Tribunal, Ex Parte Ford Motor Company Ltd: HL 14 Dec 1994

Car parts which had no effect on appearance and were merely parts were not registerable as Registered Designs.The section applies only to items of design which will have their own independent use, and not only as part of a larger item. Registration was refused for the part in this case. Judges: Lord Keith, Lord Ackner, … Continue reading Regina v Registered Designs Appeal Tribunal, Ex Parte Ford Motor Company Ltd: HL 14 Dec 1994

Pro Sieben Media AG v Carlton Television Ltd and Another: CA 7 Jan 1999

The defendant was accused of infringing copyright in a TV programme relating to the pregnancy of a woman with eight foetuses. The defendant claimed fair dealing, but that defence was rejected by the trial judge. Held: The decision was reversed. The test of use for ‘criticism or review’ is objective, and satisfied here with full … Continue reading Pro Sieben Media AG v Carlton Television Ltd and Another: CA 7 Jan 1999

PRO Sieben Media Ag v Carlton UK Television Ltd and Another: ChD 24 Sep 1997

The laudable motives of the defendant in an infringement of copyright were no defence, but relieved him from liability for additional damages. Citations: Times 24-Sep-1997 Statutes: Copyright Designs and Patents Act 1988 97(2) Jurisdiction: England and Wales Cited by: Appeal from – Pro Sieben Media AG v Carlton Television Ltd and Another CA 7-Jan-1999 The … Continue reading PRO Sieben Media Ag v Carlton UK Television Ltd and Another: ChD 24 Sep 1997

Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999

The claimant film artist showed a film to an advertising agency, who did not make use of it, but later appeared to use techniques and styles displayed in the film in subsequent material sold to third parties. Held: A film was protected as a dramatic work subject to copyright law, but not the artistic techniques … Continue reading Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999

Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

Ultraframe UK Limited v Clayton, Fielding and Others: ChD 3 Oct 2002

The claimants asserted infringement of their registered design rights in parts used in their double glazing and conservatory units. ‘Therefore it is possible for design right to subsist in the design of the part of the article which is not excluded under the must match provisions.’ Judges: The Honourable Mr Justice Laddie Citations: [2003] RPC … Continue reading Ultraframe UK Limited v Clayton, Fielding and Others: ChD 3 Oct 2002

A Fulton Co Ltd v Grant Barnett and Co Ltd: ChD 2001

The court considered an allegation that part of an unregistered design had been copied. The defendant said that the section required a claim in respect of the entire design. Held: The part in respect of which a claim must be made must neither be insignificant, nor included in any part of the design which ‘must … Continue reading A Fulton Co Ltd v Grant Barnett and Co Ltd: ChD 2001

Farmers Build Ltd v Carier Bulk Materials Handling Ltd and Others: CA 23 Dec 1998

For design right purposes a design is original if it has not been copied from another. It is not commonplace if, after comparison with other designs produced in evidence there are objectively new factors not present in other designs. Delay alone was not of itself to amount to acquiescence. Citations: Times 23-Dec-1998 Statutes: Copyright Designs … Continue reading Farmers Build Ltd v Carier Bulk Materials Handling Ltd and Others: CA 23 Dec 1998

Dyrland Smith A/S v Tuberville Smith Limited and Another: CA 4 Jun 1998

Where a court discharged an injunction against breach of design right against an undertaking to apply for a licence as of right. It was right to test the parties financial standing to purchase such a right before an injunction was granted. Citations: Gazette 28-Oct-1998, Times 04-Jun-1998, [1998] FSR 774 Statutes: Copyright Designs and Patents Act … Continue reading Dyrland Smith A/S v Tuberville Smith Limited and Another: CA 4 Jun 1998

Novello and Co Ltd v Keith prowse Music Publishing Co Ltd: CA 14 Dec 2004

The musician had in the 1940s assigned his copyright to the respondent. At that time a reversion in copyright could only be assigned by will. In 1973, after the 1956 Act he assigned the reversion to the respondent also. The appellant now contended that the transitional provisions of the 1956 Act mean that the second … Continue reading Novello and Co Ltd v Keith prowse Music Publishing Co Ltd: CA 14 Dec 2004

Thames and Hudson Ltd v Design and Artists Copyright Society Ltd and Others: ChD 10 Aug 1994

The criminal code provisions of the Copyright Designs and Patents Act was not limited in use to plainly criminal conduct, against ‘pirates’. Citations: Independent 23-Aug-1994, Times 10-Aug-1994 Statutes: Copyright Designs and Patents Act 1988 107(1) 110(1) Jurisdiction: England and Wales Intellectual Property Updated: 28 April 2022; Ref: scu.89786

Regina v Bow Street Metropolitan Stipendiary Magistrate Ex Parte Screen Multimedia Ltd and Another: QBD 28 Jan 1998

An award of very substantial costs against a defendant infringing copyright was justified even though they were disproportionate to the small profits made. Citations: Times 28-Jan-1998 Statutes: Copyright Designs and Patents Act 1988 107 Intellectual Property Updated: 09 April 2022; Ref: scu.86172

Jones v Tower Hamlets London Borough Council and Another: ChD 26 Oct 2000

The architect drew plans for buildings on a development completion of which was taken over by the council. The architect claimed breach of copyright in his plans. The expression of design ideas in an architectural drawing was capable of protection by copyright. An architect might see the plans drawn by another, absorb some of the … Continue reading Jones v Tower Hamlets London Borough Council and Another: ChD 26 Oct 2000

Wheat v Alphabet Inc / Google Llc and Another: ChD 26 Mar 2018

The parties contested leave to serve the defendant out of the jurisdiction. Judges: Marsh CM Citations: [2018] EWHC 550 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 Jurisdiction: England and Wales Litigation Practice, Intellectual Property Updated: 07 April 2022; Ref: scu.608333

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

Baigent and Another v The Random House Group Ltd: CA 28 Mar 2007

The claimants appealed against a decision that the defendant’s book, the Da Vinci Code, had not infringed their copyright. The judge had found some copying, but not so much that a substantial part had been copied. Held: Mummery LJ said: ‘In particular, in cases in which the issue of copying has to be decided on … Continue reading Baigent and Another v The Random House Group Ltd: CA 28 Mar 2007

Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

Insufficient Evidence to say Song was Copied S sought a declaration that he had not copied the defendant’s song with his own. The court examined the musical details of both songs. Held: The song was not copied. The defendant had not shown that the claimant knew anything of the defendant’s song ‘Oh Why’. The fact … Continue reading Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

British Academy of Songwriters, Composers and Authors and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 19 Jun 2015

The claimants, representatives of musicians complained of the scheme in section 28B of the 1988 Act: ‘creating an exception to copyright based upon personal private use. Henceforward, any person who legitimately acquires content (music, film, books) can copy that work for his or her own private use without infringing copyright. It can be copied onto … Continue reading British Academy of Songwriters, Composers and Authors and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 19 Jun 2015

R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant sought an order for its transfer, and an order was so made. Before it was perfected … Continue reading R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society: ChD 20 May 2016

The claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights of the claimant. Held: On breach of confidence, the parties had an arguable cases on each side, … Continue reading Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society: ChD 20 May 2016

Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012

MPS had contracted to bring private prosecutions for unlawful reception and display of premier league football matches. It now appealed from a dismissal of the information. Held: The appeal failed. The director laying the information in the name of a private limited company, when acting for reward on behalf of a client in the course … Continue reading Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012

Darroch and Another v Football Association Premier League Ltd: CA 2 Dec 2016

The Claimants had had their appeals against conviction for breaches of the 1988 Act set aside, but now appealed against refusal of their costs of defending the action. Sir Brian Leveson, P, Hallett, Burnett LJJ [2016] EWCA Civ 1220 Bailii Copyright, Designs and Patents Act 1988 297 England and Wales Costs, Intellectual Property Updated: 26 … Continue reading Darroch and Another v Football Association Premier League Ltd: CA 2 Dec 2016

Fisher v Brooker and Another: ChD 20 Dec 2006

The claimant said that he had contributed to the copyright in the song ‘A Whiter Shade of Pale’ but had been denied royalties. He had played the organ and particularly the organ solo which had contrbuted significantly to the fame of the record. Held: A fair trial remained possible despite the passage of time. There … Continue reading Fisher v Brooker and Another: ChD 20 Dec 2006

Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003

An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003

Intercity Telecom Ltd and Another v Solanki: Merc 27 Feb 2015

Claim for damages for breach of contract and database rights, delivery up of confidential information and injunctive relief against Mr Solanki, a former employee of the Claimants. Held: The court having refused a request for adjournment applied for on medical grounds, proceeded in the defendant’s absence and found in favour of the claimant and awarded … Continue reading Intercity Telecom Ltd and Another v Solanki: Merc 27 Feb 2015

G-Star Raw Cv v Rhodi Ltd and Others: ChD 6 Feb 2015

G-Star sought injunctions, orders for delivery up, an inquiry as to damages or an account of profits, and other relief in respect of alleged infringement of the United Kingdom unregistered design rights in the design of a pair of contemporary jean trousers known as the ‘Arc Pant’. The Defendants contended that the rights in question … Continue reading G-Star Raw Cv v Rhodi Ltd and Others: ChD 6 Feb 2015

Hull and Holderness Magistrates’ Court v Darroch and Another: Admn 15 Dec 2014

The applicants had successfully appealed against summary convictions under the 1988 Act for the dishonest receipt of broadcasts of Premier League football matches. They now sought a third party order for costs agaiinst the League despite their having had no direct part in the prosecution. Foskett, Carr DBE JJ [2014] EWHC 4184 (Admin) Bailii Copyright, … Continue reading Hull and Holderness Magistrates’ Court v Darroch and Another: Admn 15 Dec 2014

Controller of HM Stationery Office and Another v Green Amps Ltd: CA 8 May 2008

The defendant sought leave to appeal against a finding of copyright infringement in respect of Ordnance Survey mapping data. It obtained the data and used it to create maps from applications for planning applications. The data had been obtained apparently by use of a student’s password. Held: Summary judgment had been given correctly. LLoyd LJ … Continue reading Controller of HM Stationery Office and Another v Green Amps Ltd: CA 8 May 2008

Federation Against Copyright Theft Ltd v Ashton: Admn 7 Jun 2013

The Federation appealed against a decision rejecting its complaint against the defendant of having committed offences under the 1988 Act. He ran a social club, and was accused of showing material taken via a contract with Virgin for private showing, and showing it publicly. The magistrates found that some payment having been made, no conviction … Continue reading Federation Against Copyright Theft Ltd v Ashton: Admn 7 Jun 2013

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

Tradition (UK) Ltd, Tradition Bond Brokers Limited, Howard, Harland v Cantor Fitzgerald International: ChD 15 Apr 1999

When deciding whether a copying of a computer program was substantial, the test was not whether the program would run without that code. It had to be looked at as a whole allowing for the skill and labour which had gone into different sections of code. The court emphasised the particular importance of experts being … Continue reading Tradition (UK) Ltd, Tradition Bond Brokers Limited, Howard, Harland v Cantor Fitzgerald International: ChD 15 Apr 1999

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

Kabushiki Kaisha Sony Computer Entertainment Inc., Sony Computer Entertainment Europe Limited, Sony Computer Entertainment UK Limited v Ball, and others: ChD 19 Jul 2004

The claimant sought summary judgment in a claim that the defendant had manufactured computer chips which would be used with their playstation computer games consoles to avoid their copy protection systems. Held: The fact that the chips only stored code temporarily whilst the game was played did not prevent there being an infringement. The chip … Continue reading Kabushiki Kaisha Sony Computer Entertainment Inc., Sony Computer Entertainment Europe Limited, Sony Computer Entertainment UK Limited v Ball, and others: ChD 19 Jul 2004

Grisbrook v MGN Ltd and Others: ChD 16 Oct 2009

The claimant sought an order committing officers of the defendant company for having failed to obey a court order requiring the defendant to cease infrigement of his copyright in photographs. He operated as a photographer of celebrities selling photographs to newspapers. There was no formal agreement between the parties for the use of his photographs. … Continue reading Grisbrook v MGN Ltd and Others: ChD 16 Oct 2009

Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009

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

Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

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

Reformation Publishing Company Ltd v Cruiseco Ltd and Another: ChD 22 Oct 2018

Action for damages for infringement of copyright The claimants sought damages after the defendants used songs in which they held the rights in a promotional video. The video was removed within five days of the complaint. Held: The court awarded 38750 pounds by way of ordinary damages. The damages in such a claim were to … Continue reading Reformation Publishing Company Ltd v Cruiseco Ltd and Another: ChD 22 Oct 2018

Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009

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

Twentieth Century Fox Film Corporation and Another v Newzbin Ltd: ChD 29 Mar 2010

The defendant operated a web-site providing a search facility of the Usenet news system which allowed its users to locate copies of films online for downloading. The claimant said this was an infringement of its copyrights. Held: The defendant had infringed the copyright of the claimants. Though its terms denied that its editors should promote … Continue reading Twentieth Century Fox Film Corporation and Another v Newzbin Ltd: ChD 29 Mar 2010

Interlego AG v Tyco Industries Inc: PC 5 May 1988

How much new material for new copyright (Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new information addressed to the purchaser in the form of written … Continue reading Interlego AG v Tyco Industries Inc: PC 5 May 1988

Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright existed. Held: The process involved considerable effort and was not deterministic. The Directive seeks to harmonise copyright … Continue reading Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

Fisher v Brooker and Others: HL 30 Jul 2009

The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future royalties. Held: His appeal was allowed. Limitation did not apply, … Continue reading Fisher v Brooker and Others: HL 30 Jul 2009

Oren, Tiny Love Limited v Red Box Toy Factory Limited, Red Box Toy (UK) Limited, Index Limited, Martin Yaffe International Limited, Argos Distributors Limited: PatC 1 Feb 1999

One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .