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

An injunction without time limit should normally be granted immediately where there was clear infringement and a threat of continued infringement. Copyrights can sometimes typically be identified only by reference to the trade marks under which the copyright recordings have been released. Judges: Lord Woolf MR Citations: Times 10-Feb-1998, [1998] EWCA Civ 137, [1998] 1 … Continue reading Phonographic Performance Limited v Maitra and Others: CA 3 Feb 1998

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

There is a public interest defence to an allegation of copyright infringement. A newspaper republished video camera stills to demonstrate the untruth of assertions made publicly about the relationship if Princess Diana and Dodi Fayed. Held: It was a current event, and the fair dealing defence applied. Judges: Jacob J Citations: Times 24-Mar-1999, [1999] EWHC … Continue reading Hyde Park Residence Limited v Yelland, News Group Newspapers Limited, News International Limited, Murrell: PatC 16 Mar 1999

Judges: Mr Justice Miles Citations: [2021] EWHC 410 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 97A Jurisdiction: England and Wales Intellectual Property Updated: 25 September 2022; Ref: scu.658924

The claimant was the director of a play. The defendant had written the entirety of the play first presented at rehearsals, although during rehearsals the claimant suggested changes. The parties disputed the copyright and other rights in a stage play, ‘Stones in his Pockets’. Held: In substance the claim failed, the rights in the play … Continue reading Brighton and Another v Jones: ChD 18 May 2004

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 claimant asserted infringement of copyright by the defendants in photographs of the family of David Beckham. The defendant admitted using the photographs but asserted that no permission was required since the use was a fair dealing. Held: Most of the photographs were used to demonstrate a particular style, and the use was fair criticism … Continue reading Fraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd: ChD 23 Mar 2005

The claimant magazine publisher alleged breach of copyright by the defendant in their magazine, as to the cover page designs used. It was not clear just which cover was said to have been copied. Held: The first step in a copyright action is for the claimant to identify what work or works he relies on. … Continue reading IPC Media Ltd v Highbury-Leisure Publishing Ltd: ChD 21 Dec 2004

The defendant appealed against a finding of copyright infringement in a computer game. Held: The appeal failed. The court must identify the artistic work relied upon and then decide whether it has been reproduced by copying of the work as a whole or of any substantial part of it. ”Graphic work’ is defined as including … Continue reading Nova Productions Ltd v Mazooma Games Ltd and others: CA 14 Mar 2007

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

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

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

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

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

Reasons for the grant of a website blocking order under section 97A Copyright, Designs and Patents Act 1988 [2021] EWHC 2799 (Ch) Bailii England and Wales Intellectual Property Updated: 05 December 2021; Ref: scu.668756

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

The claimant had edited ancient music scores so as to be ready for performance for the defendant. He asserted a copyright. The defendants argued that the contribution was too little to create a copyright. Held: To succeed Dr Sawkins had to establish that each of his editions is an original musical work. The argument that … Continue reading Sawkins v Hyperion Records Limited: ChD 5 Jul 2004

The claimant had developed historical musical works for performance. They were published by the defendant, by means of recordings of a performance from the scores he had prepared – so called ‘performance editions’. The many hundreds of hours expended, involved transcription of the scores into modern notation and interpretation of the composers shorthand. The publisher … Continue reading Hyperion Records Ltd v Sawkins: CA 19 May 2005

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

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

Contractor and Client Copyrights The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract. Held: A Joint authorship claim required that the contributor had made some direct contribution to the words appearing in the eventual published item. … Continue reading Robin Ray v Classic FM Plc: PatC 18 Mar 1998

The owners of copyright in drawings of ‘Popeye, the Sailor’ sued importers of ‘Popeye’ dolls and other toys. The defendants contended that the copyright in the original work had been lost by the operation of section 22 of the 1911 Act because the . .

Novelty was claimed in shape or configuration of the brassiere the subject of the registration. Held; Under the law of registered designs, the designer had to state in what respect he claimed novelty – was it shape, configuration pattern or . .

The design in question consisted of a drawing or picture of a nipple, such as was used for the purpose of lubricating the bearings of automobiles. It was submitted for the plaintiff that if a design had utility, it might still be registered under . .

The order at first instance was discharged ‘without prejudice to any question so that it cannot be used as a precedent’ . .

A drawing of a letter could be both the subject matter of copyright and protected under the Patents and Designs Act 1907. . .

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 . .