The plaintiff alleged that the defendant had copied its house designs after a senior employee involved in creating the designs left and eventually came to work for the defendant. The plaintiff alleged that the copying was flagrant allowing . .
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 . .
The court awarded andpound;1 per CD produced and not sold, and andpound;5 per CD produced and sold for infringement by pressing CDs of recordings of the claimant artist’s performances. The court considered the personal responsibility of the director . .
Austlii (High Court of Australia) Copyright – Artistic works – Works of artistic craftsmanship – The respondent obtained an injunction against infringement by the appellants of the respondent’s ownership of copyright in works constituted by a ‘plug’ from which a mould for a yacht hull could be derived, and in the hull and deck mouldings … Continue reading Swarbrick v Burge: 26 Apr 2007
The claimant appealed against an order striking out their threat action for trade mark infringement, in respect of the words ‘No Tears’ when used for children’s shampoo. Held: The court had to consider both the letter and the surrounding circumstances. A threat need not be direct, and conditionality may not be an answer. The thrust … Continue reading L’Oreal (UK) Limited and Another v Johnson and Johnson and Another: ChD 7 Mar 2000
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 claimant record companies sought injunctions to prevent the defendant broadband suppliers allowing access to a website which provided facilties to those wishing to swap materials which infringed the claimants’ copyrights in music. Held: Judges: Arnold J Citations: [2012] EWHC 1152 (Ch) Links: Bailii Statutes: European Parliament and Council Directive 2001/29/EC of 22 May 2001 … Continue reading Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 2 May 2012
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 prosecutor appealed dismissal of a charge of receiving a broadcast television programme with intent to avoid payment. The defendant ran a public house. She acquired a card which allowed her to receive transmissions from a Greek satellite broadcasting premier league football matches. The intellectual property rights to such matches in the UK lay with … Continue reading Murphy v Media Protection Services Ltd: Admn 21 Dec 2007
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
The agency alleged copyright infringement by the members of the appellant association who were licensed to copy newspaper articles for its members as part of its news monitoring service. Held: It was necessary to refer to the European Court of Justice the question of whether article 5.1 of the 2001 Directive, as implemented in section … Continue reading Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and Others: SC 17 Apr 2013
The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright. Held: He did not. No such argument could be shown to have suceeded before. Judges: Newey J Citations: [2013] WLR(D) 42, [2013] EWHC 159 (Ch) Links: Bailii, WLRD Statutes: Copyright, Designs and Patents Act 1988 … Continue reading Twentieth Century Fox Film Corp and Others v Harris and Others: ChD 5 Feb 2013
The claimant appealed against rejection of their claim for copyright infringement. The defendant supplied decoders for European satellite feeds to publicans of transmissions of games from Europe wihin the UK. Held: The appeal failed. Judges: Etherton, Lewison, Munby LJJ Citations: [2012] EWCA Civ 1708, [2013] BUS LR 866, [2012] WLR(D) 392 Links: Bailii, WLRD Statutes: … Continue reading Football Association Premier League Ltd v QC Leisure and Others: CA 20 Dec 2012
The rule in ‘British South Africa’ extends also to intellectual property. The court was asked whether, many years after the death of Sir Arthur Conan Doyle, there still existed copyrights or other intellectual property rights under the laws of the United States, or under state laws, which could be asserted to prevent the distribution of … Continue reading Tyburn Productions Ltd v Conan Doyle: ChD 1990
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
Two companies, one Portuguese, the other British and controlled by Cecil Rhodes, were in dispute about a large territory called Manica. The Portuguese company complained that they owned lands and mineral rights in Manica yet the British company had invaded the territory with a military force and seized the lands and minerals, doing injury to … Continue reading British South Africa Company v Companhia de Mocambique: HL 8 Sep 1893
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
Europa Directive 98/71/EC – Industrial and Commercial – Legal protection of designs and models – Application of copyright in drawings or models have fallen into the public domain – Directive 93/98/EEC – Acquired rights – Period transient Citations: C-168/09, [2010] EUECJ C-168/09, [2011] EUECJ C-168/09 Links: Bailii, Bailii Jurisdiction: European Intellectual Property Updated: 09 November … Continue reading Flos SpA v Semeraro Casa e Famiglia SpA (Industrial Policy): ECJ 24 Jun 2010
The defendant copied three casts made by the plaintiff of various arrangements of fruit and leaves. His defence was that the 1814 Act did not refer to casts of flowers, leaves or fruit and that such casts did not fall within the words ‘any subject being matter of invention in sculpture’. It was not suggested … Continue reading Caproni v Alberti: 1891
Judges: Lord Justice Kitchin Citations: [2015] EWCA Civ 204 Links: Bailii, Bailii Statutes: Copyright, Designs and Patents Act 1988 73 Jurisdiction: England and Wales Media, Intellectual Property Updated: 03 November 2022; Ref: scu.547023
Copyright owners’ challenge to alleged infringement by internet radio stations. Judges: Birss J Citations: [2019] EWHC 2923 (Ch), [2020] ECDR 8 Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 20 Jurisdiction: England and Wales Cited by: Appeal from – Tunein Inc v Warner Music UK Ltd and Another CA 26-Mar-2021 . . Lists of … Continue reading Warner Music UK Ltd and Others v Tunein Inc: ChD 1 Nov 2019
The claimant asserted infringement of their copyright in a photograph. It showed the Houses of Parliament in black and white with a London bus in red. The original action had been settled and the proposed image withdrawn as a copy. The defendants had however produced their own image, but one which fitted the same description. … Continue reading Temple Island Collections Ltd v New English Teas Ltd and Another: PCC 12 Jan 2012
A model of a wolf-cub’s head was produced from a papier-mache mould in order to be used as a totem by the Boy Scouts Association. They had failed to register it as a design under the 1907 Act and sued for infringement of their copyright under the 1911 Act. Held: The item was not protected … Continue reading Pytram v Models (Leicester) Ltd: ChD 1930
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 parties disputed whether joint authorship of the screenplay for a film, ‘Florence Foster Jenkins’. The claimant now sought a declaration of sole authorship of film screenplay, and the defendant cross-claimed for a declaration of joint authorship. The parties had been cohabiting at the time of its creation, and though the screenplay had been publicly … Continue reading Martin and Another v Kogan and Others: IPEC 22 Nov 2017
The claimants alleged breach of Crown Copyright by the defendants. Judgment was sought by default, and they now opposed an application for extension of time to serve proceedings, saying that no arguable defence had been disclosed. A student had used data derived from the claimant’s database of mapping information in work for the claimant. Held: … Continue reading Her Majesty’s Stationery Office and Another v Green Amps Ltd: ChD 5 Nov 2007
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 claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
Arnold J considered what kinds of unlawfulness would engage the ex turpi causa principle. Held: a relevant illegality was one which was sufficiently serious in all the circumstances of the case, including in particular whether the illegal act was done with knowledge or deliberately. After reviewing the authorities, he said: ‘The main conclusion which I … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: PatC 29 Mar 2011
Allegation of infringement of copyright in two artistic works – designs on make-up packaging. Citations: [2019] EWHC 1473 (Ch) Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 26 August 2022; Ref: scu.640878
The parties dispute the existence of copyright in a prototype of a piece of furniture. Held: The term ‘craftsmanship’ in the Act suggests a durable useful handmade object.Lord Reid explained the significance of the intention of the maker or designer: ‘It is I think of importance that the maker or designer of a thing should … Continue reading George Hensher Ltd v Restawile Upholstery (Lancs) Ltd: HL 1975
Dispute over the authorship of the screenplay of a film. Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material matters and applied incorrect legal standards to the assessment of the sufficiency of Ms Kogan’s contributions. … Continue reading Kogan v Martin and Others: CA 9 Oct 2019
The claimants asserted ownership of copyright in football fixture lists as a database right. The defendant denied that they attracted any such right. The judge had found that significant skill and labour went into the preparation of the list. Held: The appeal failed in general, but the court referred a limited questiion to the ECJ … Continue reading Football Dataco Ltd and Others v Yahoo! UK Ltd and Others: CA 9 Dec 2010
(US Second Circuit) The judge discussed the difficulty in copyright cases in drawing the line between the taking of general concepts and copying in an infringing manner: ‘Upon any work, and especially upon a play, a great number of patterns of increasing generality will fit equally well, as more and more of the incident is … Continue reading Nichols v Universal Pictures Co: 1930
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 newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private. Held: Upheld, although the judge had given insufficient weight to the fact that the information was received under an express obligation of confidence. The court recognised that a duty of … Continue reading Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 2006
The claimant sought summary judgment on its claim for copyright infringement based upon judgements on the same materials in Canada. Judges: Sales J Citations: [2013] EWHC 588 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Lucasfilm Ltd and Others v Ainsworth and Another SC 27-Jul-2011 The claimant had produced the Star War films … Continue reading Seven Arts Entertainment Ltd v Content Media Corporation Plc and Others: ChD 18 Mar 2013
The claimant alleged infringement of its design right by the defendants’ Air-Wick product. The court considered the approach necessary in asking whether a European Community design had been infringed. Held: Looking at an article for this purpose required a different viewpoint from checking for trade mark infringement. The purpose was different. The court should look … Continue reading Procter and Gamble Company v Reckitt Benckiser (UK) Ltd: CA 10 Oct 2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted registration of esure’s trade mark. Esure now appealed a ruling against it’s … Continue reading Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007
The singer had recorded a song, ‘Forever After’. She sought damages in copyright saying that a later recording by the defendants titled ‘Nothing Really Matters’ was infringing, having copied elements of the voice expression of her own performance, particularly the timbre, pitch contour and the syncopation. The defendants asked the court to strike out the … Continue reading Coffey v Warner Chappell Music Ltd, Warner Music UK Ltd and EMI Music Publishing Ltd: ChD 16 May 2005
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 plaintiff alleging copyright infringement, had relied on fifty five drawings of the Popeye character out of the many thousands of such drawings in the cartoon series. The defendant might have copied from any one of those thousands. Held: The Court accepted that the fifty five drawings included the earliest from which all the many … Continue reading King Features Syndicate Inc v O and M Kleeman Ltd: ChD 1940
Citations: [1940] Ch 806 Jurisdiction: England and Wales Citing: Appeal from – King Features Syndicate Inc v O and M Kleeman Ltd ChD 1940 The plaintiff alleging copyright infringement, had relied on fifty five drawings of the Popeye character out of the many thousands of such drawings in the cartoon series. The defendant might have … Continue reading King Features Syndicate Inc v O&M Kleeman Ltd: CA 2 Jan 1940
The complainant has requested a WRATE report (a Waste and Resources Assessment Tool for the Environment) submitted to Hertfordshire County Council by Veolia, a waste management company who submitted a bid to manage its waste management functions. The council claim that the information is subject to the exceptions in Regulation 12(5)(c) (intellectual property rights) and … Continue reading Hertfordshire County Council (Decision Notice): ICO 7 Jan 2013
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
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
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
The defendant denied that it had copied the plaintiff’s designs. Held: There was sufficient evidence of copying. It was wrong to dissect a work, but rather the court should look at the matter as a whole. Judges: Lawrence Collins QC Citations: [1998] EWHC Patents 349, [1998] FSR 803 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading Designers Guild Limited v Russell Williams (Textiles) Limited: PatC 14 Jan 1998
The claimant owned a patent on certain features of a cooking hob, and complained that the defendants had imported infringing designs. The defendant challenged the patent for obviousness. Held: Both of the inventive features relied upon to support the patent were obvious in the light of the prior art. The argument that a combination would … Continue reading Sabaf Spa v MFI Furniture Centres Ltd and Managhetti Spa: ChD 31 Jul 2001
The court considered the protection of drawings of parts of a boat. The court distinguished between designs capable of registration which were subject to s 10, and designs which were not registrable (chiefly because they were functional) and so bore full-term artistic copyright even in respect of industrial products. Citations: [1964] RPC 160, [1965] Ch … Continue reading Dorling v Honnor Marine Ltd: CA 1964
Ishida appealed a finding of infringement of the claimants patent, and challenged the patent for obviousness. The machines were used for packaging nuts etc. The patent referred to fixed mechanisms, and Isihida said their mechanism swivelled, and did not infringe. In fact all such machines allowed some movement, and the judge, and the appeal court … Continue reading Alfred Alexander Taylor v Ishida (Europe) Ltd Ishida Co Ltd: CA 12 Jul 2001
(Hong Kong) The claimants complained of the sale by the defendants of refilled cartridges for use with their printers. Held: The spare cartridge manufacturer’s appeal failed: ‘repair is by definition something which does not amount to the manufacture of the patented article, it is not an infringement of the monopoly conferred by the patent. It … Continue reading Kaisha v Green Cartridge Company (Hong Kong) Limited: PC 30 Apr 1997
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 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
Copyright was asserted in plastic shapes used as moulds for the heated plates in a sandwich toaster. Held: The defendants had not appropriated the plaintiff’s designs contained in their drawings in producing their own machine. Falconer J (obiter) said: ‘Turning to the plaster shapes or sculptures, the defendants contended that these were not sculptures within … Continue reading Breville Europe v Thorn EMI Domestic Appliances Ltd: ChD 1995
In a contract to supply designs, there was an implied obligation to carry out the design work with reasonable care and skill and to use reasonable care to ensure that the materials supplied were free of any adverse claim. Held: The breach arose not at the time when proceedings for infringement were begun, but when … Continue reading Antiquesportfolio Com Plc v Rodney Fitch and Co Ltd: ChD 21 Jul 2000
The plaintiff sought protect its products by claiming copyright protection in the moulds made for making industrial products (twin cartridges like a double-barrelled syringe, which held products prior to their being mixed) The plaintiff claimed that the moulds were works of sculpture. Held: The plaintiff’s claim was not arguable. Laddie J based this on the … Continue reading Metix (UK) Ltd v G H Maughan (Plastics) Ltd: ChD 1997
(Supreme Court of the Northern Territory – Australia) The parties, two women, each of whom made craftwork depicting local wildlife for sale at markets. Initially they co-operated but later each accused the other of copyright infringement. The craftworks were made of wire, glass rods, glass nuggets, copper foil and other materials. Held: They were sculptures … Continue reading Wildash v Klein: 2004
The plaintiff claimed copyright in a model soldier cast in metal as a statue. The defendant argued that the statute was intended to apply only to substantial works of art, such as busts, large sculptures and casts of copies of works recognised as works of art, and there was no artistic merit in the model … Continue reading Britain v Hanks Bros and Co: 1902
A claim to infringement of copyright by acts performed in the Netherlands and Luxembourg was not justiciable in England, because such a claim cannot satisfy the double-actionability rule, namely, that the relevant acts must be actionable in the foreign state and England. Judges: Sir Nicolas Browne-Wilkinson V-C Citations: [1986] RPC 273 Jurisdiction: England and Wales … Continue reading Def Lepp Music v Stuart-Brown: 1986
(Court of Appeal New Zealand) The wooden models made from preliminary drawings, which was used to produce a mould from which moulded discs known as Frisbees were made, fell ‘within the definition of sculptures and are thus properly the subject of copyright protection.’ Davison CJ refered to dictionary definitions of sculpture and said: ”In the … Continue reading Wham-O Manufacturing Co v Lincoln Industries Ltd: 1984
The plaintiff complained that some engineering information had been taken from their copyright drawings by the defendants. Held: There had been no infringement of copyright in the drawings. When considering whether an author’s copyright has been infringed, the court must find a causal connection between the copyright work and any infringing work. Evidence of an … Continue reading Billhofer Maschinenfabrik GmbH v TH Dixon and Co Ltd: 1990
The court considered the burden of proof in complaints of copying and copyright infringement.Ralph Gibson LJ said: ‘It is, however, not positive evidence of reproduction of the plaintiffs’ artistic work that it is impossible to place reliance upon the denial of the witness that he intended to copy. He may not have achieved reproduction of … Continue reading Johnstone Safety Ltd v Peter Cook (Int ) plc: 1990
The court considered how to decide whether to award additional damages for flagrancy in copyright breach cases. Held: Such awards should not be limited to where a defendant was aware of copyright law, but should look to the circumstances of the case. Citations: [1979] RPC 127 Cited by: Cited – Cala Homes (South) Ltd and … Continue reading Nichols Advanced Vehicle Systems Inc v Rees: 1979
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the antigens of a hepatitis virus was patented with a priority date of … Continue reading Biogen Plc v Medeva Plc: HL 31 Oct 1996
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 test of substantial similarity in copyright infringement cases is an objective one. That assessment is for the court with such assistance from the evidence and parties as it can muster. To be an infringement there must be ‘some causal connection’ between the form of the infringing work and the form of the copyright work.Wilmer … Continue reading Francis Day and Hunter Ltd v Bron: CA 1963
The claimant alleged copying of designs. The defendant appealed a finding that copying had taken place. Held: The rejection of the dissection test in Ladbroke was as to the subsistence of copyright and not as to infringement. Evidence of those in the industry as to practice may not allow for elements of law known to … Continue reading Designers Guild Ltd v Russell Williams (Textiles) Ltd: CA 26 Mar 1999
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
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
Judges: Lord Justice Munby and Mr Justice Keith Citations: [2010] EWHC 1304 (Admin) Links: Bailii Statutes: Trade Marks Act 1994 92(1)(c), Copyright, Designs and Patents Act 1988 107(1)(d)(ii) Jurisdiction: England and Wales Intellectual Property, Crime Updated: 02 February 2022; Ref: scu.420408
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
Action for copyright infringement relating to the design and manufacture of oil seals. Laddie J [1995] EWHC 6 (Ch) Bailii Copyright, Designs and Patents Act 1988 England and Wales Intellectual Property Updated: 27 January 2022; Ref: scu.241585
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
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
A purchaser wrote offering to purchase a house, saying acceptance was subject to her solicitor approving title, covenants, lease and form of contract. Held: It was not a complete contract capable of enforcement: ‘It appears to be well settled by the authorities that if the documents or letters relied on as constituting a contract contemplate … Continue reading Von Hatzfeldt-Wildensburg v Alexander: ChD 26 Jul 1911
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
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
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
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
Post appeal assessments as to costs etc for final order. Moses, Black, Kitchin LJJ [2014] EWCA Civ 408 Bailii Council Regulation (EC) No 6/2002 England and Wales Citing: At PatC – Magmatic Ltd v PMS International Ltd PatC 11-Jul-2013 The claimant manufactured and sold the ‘Trunki’ a child’s ride on suitcase. The defendant imported and … Continue reading Magmatic Ltd v PMS International Ltd: CA 10 Apr 2014
The parties disputed an alleged infringement of a registered design in the Trunki, a child’s suitcase designed to be ridden on, and other infringements of copyright in the packaging. PMS now appealed on the issue of whether the defendant’s Kiddee Case infringed the CRD. Held: The appeal succeeded. The judge had made two errors. First … Continue reading Magmatic Ltd v PMS International Ltd: CA 28 Feb 2014
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 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
The claimant manufactured and sold the ‘Trunki’ a child’s ride on suitcase. The defendant imported and sold a similar product. Claims were now made alleging infringement of (i) Community Registered Design, (ii) design rights in a number of designs relating to the Trunki; (iii) the copyright in the artwork for the packaging of the Trunki; … Continue reading Magmatic Ltd v PMS International Ltd: PatC 11 Jul 2013
The defendant appealed against his conviction under the section. He ran a business fitting modifying chips to games consoles allowing them to play non-certificated games CDs. Held: The appeal was allowed. It was not suggested that the use of a modified console to play a game on an infringing CD was itself an infringement of … Continue reading Higgs v Regina: CACD 24 Jun 2008
The claimants alleged infringement of copyright by the defendant publishers and author in the plot and otherwise in the book ‘The Da Vinci Code’. They said that their own work had been copied substantially, using themes and copying language. The defendant acknowledged that the book was a source for the work, but than no copying … Continue reading Baigent and Another v The Random House Group Ltd (The Da Vinci Code): ChD 7 Apr 2006
Overall Impression of Design is a Judgment The respondent had alleged infringement of its registered design in the ‘Trunki’, a ride-on children’s suitcase. At first instance, the judge had held that the surface decorations were to be ignored. On appeal it had been held that the judge had failed properly to allow for the overall … Continue reading PMS International Group Plc v Magmatic Ltd: SC 9 Mar 2016
Guidelines – Sentencing for Copyright Infringement The court was asked questions as to the level of sentence for offences of distribution of articles which infringe copyright. He had operated a number of websites which were responsible for the illegal distribution of licensed and copyrighted material. He did not himself have the material on his own … Continue reading Evans, Regina v: CACD 14 Feb 2017
Reporter of Public Speech Owns Copyright I A reporter attended a speech by Lord Rosebery. His report of the speech was republished in the Times after another journalist who had not been present published a verbatim copy. He claimed a copyright in the work he produced. Held: The first journalist had copyright and was entitled … Continue reading Walter v Lane: HL 6 Aug 1900
Nature of Confidentiality in Information The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using confidential information for this purpose. Held: The information and the advantage flowing … Continue reading Faccenda Chicken Ltd v Fowler: CA 1986
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
In a copyright claim, the test of originality which had to be passed was set out by Peterson J, saying: ‘The word ‘original’ does not in this connection mean that the work must be the expression of original or inventive thought. Copyright Acts are not concerned with the originality of ideas, but with the expression … Continue reading University of London Press Ltd v University Tutorial Press Ltd: ChD 1916
The inventor company appealed against rejection of its application for a patent for a computer program. Held: The appeal failed: ‘on the facts found by the Hearing Officer, the invention is no more than the computerisation of a process which could already be done without a computer. It has no relevant technical effect. Accordingly, the … Continue reading Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks: CA 13 Nov 2014
The council sought possession of the property saying that the three bedroomed property was underused by the tenant and his sister. The respondents said that it was not too extensive, and that no satisfactory alternative accommodation had been offered. Held: The council’s appeal failed. The lower court had correctly applied the law, and it was … Continue reading Bracknell Forest Borough Council v Green and Another: CA 20 Mar 2009
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
The defendant appealed against his conviction under the 1988 Act as amended. He had sold ‘modchips’ which were used to circumvent copyright protection measures in games consoles. Held: The appeal failed. The prosecution had remedied the defect found in Higgs. The use of the DVD of the game involved the copying of copyright images to … Continue reading Gilham v Regina: CACD 9 Nov 2009
Defence had no prospect of success – Struck Out The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment. Held: Warby J said: ‘There are two main questions … Continue reading HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021
Format of TV show not copyrightable Court of Appeal of New Zealand – The plaintiff had developed the program ‘Opportunity Knocks’ on British television. He claimed copyright in the general structure or format of a similar television programme in New Zealand, and also in passing off. By ‘dramatic format’ the appellant meant the characteristic features … Continue reading Green v Broadcasting Corporation of New Zealand: PC 18 Jul 1989
What is substantial copying The plaintiff alleged copying of their football pools coupons and copyright infringement. The issues were as to the extent of copying required to establish infringement, and whether it was proper to look at the several parts of the work separately. Held: The question of substantiality is a matter of quality rather … Continue reading Ladbroke (Football) Ltd v William Hill (Football) Ltd: HL 1964
