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Alan Kenneth McKenzie Clark v Associated Newspapers Ltd: PatC 21 Jan 1998

The claimant was a member of Parliament and an author. The defendant published a column which was said to give the impression that the claimant had written it. It was a parody. The claim was in passing off. Held: The first issue was whether a substantial number of readers had been misled. The deception must … Continue reading Alan Kenneth McKenzie Clark v Associated Newspapers Ltd: PatC 21 Jan 1998

Lambretta Clothing Company Limited v Teddy Smith (UK) Limited, Next Retail Plc: CA 15 Jul 2004

The claimant settled upon a combination of colours to identify its goods. It then began an action against the defendants claiming unregistered design right and artistic copyright in the combination of colours. Held: The mere combination of colours could not be protected in this way. Unregsistered design right did not exist in the juxtaposition of … Continue reading Lambretta Clothing Company Limited v Teddy Smith (UK) Limited, Next Retail Plc: CA 15 Jul 2004

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

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

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

Football Association Premier League Ltd and Others v QC Leisure and Others: ChD 3 Feb 2012

The claimant complained that in using decoders imported from Greece, the defendants had infringed their copyrights. Judges: Kitchin J Citations: [2012] EWHC 108 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 20 72 Jurisdiction: England and Wales Citing: See Also – The Football Association Premier League Ltd v QC Leisure and others ChD … Continue reading Football Association Premier League Ltd and Others v QC Leisure and Others: ChD 3 Feb 2012

Alk-Abello Ltd v Meridian Medical Technologies Dey Pharma Lp: PCC 9 Nov 2010

The court was asked whether the case should be transferred from the Patents County Court to the High Court Patents Court.Birss HHJ identified the relevant factors: ‘the points to consider are:- i) the financial position of the parties (s289(2) 1988 Act). This includes but is not limited to considering whether a party can only afford … Continue reading Alk-Abello Ltd v Meridian Medical Technologies Dey Pharma Lp: PCC 9 Nov 2010

Phonographic Performance Ltd v AEI Rediffusion Music Ltd: ChD 14 Jul 1997

An authorisation to broadcast sound recording included right to make back up tapes, but not to keep that back up beyond 28 days. Broadcasters are bound by an obligation to destroy copies of material which had been used for broadcast within 28 days unless a licence given otherwise. Citations: Times 14-Jul-1997, Gazette 23-Jul-1997 Statutes: Copyright … Continue reading Phonographic Performance Ltd v AEI Rediffusion Music Ltd: ChD 14 Jul 1997

Phonographic Performance Ltd v Maitra and Others: ChD 14 Jul 1997

The use of an injunction to prevent the use of copyrighted recordings was not to be misused to obtain recovery for past unlicensed playing. Citations: Times 14-Jul-1997 Statutes: Copyright Designs and Patents Act 1988 Jurisdiction: England and Wales Cited by: Appeal from – Phonographic Performance Limited v Maitra and Others CA 3-Feb-1998 An injunction without … Continue reading Phonographic Performance Ltd v Maitra and Others: ChD 14 Jul 1997

Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000

Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was … Continue reading Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000

Taylor v Rive Droite Music Ltd: ChD 6 Jul 2004

The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation self contradictory as to its term. Held: The court had first to try to read … Continue reading Taylor v Rive Droite Music Ltd: ChD 6 Jul 2004

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

Scholes Windows Ltd v Magnet Ltd: CA 11 Apr 2001

The claimant sought damages for infringement in their unregistered design right in a part of a window. Copyright was accepted, but in the claim for unregistered design right, the respondent said the design was commonplace. Held: The judge was correct to use his own experience to find that it was so. The extent of the … Continue reading Scholes Windows Ltd v Magnet Ltd: CA 11 Apr 2001

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

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

Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000

Copyright Claim: Was it Copied, and How Much? The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the whole or a substantial part … Continue reading Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000

IPC Magazines Limited v MGN Limited: ChD 1998

The court interpreted the word ‘incidental’ in the section as meaning ‘casual, inessential, subordinate or merely background’ Richard McCombe QC [1998] FSR 431 Copyright Designs and Patents Act 1988 31 England and Wales Cited by: Cited – Football Association Premier League Ltd and others v Panini UK Ltd CA 11-Jul-2003 The respondents published articles including … Continue reading IPC Magazines Limited v MGN Limited: ChD 1998

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

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

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

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

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