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:
Statutes:
Copyright, Designs and Patents Act 1988 96(2)
Jurisdiction:
England and Wales
Citing:
Cited – Ostrich Farming Corportation Limited v Ketchell CA 10-Dec-1997
The court considered the principles to be applied on injunction applications within proprietary claims.
Held: Millett LJ explained the difference between a proprietary injunction and a Mareva freezing injunction: ‘The courts have always . .
Cited – Regina v Carter CACD 1993
The court considered sentencing in a video piracy case.
Held: Jowitt J said: ‘[I]t has to be borne in mind that counterfeiting of video films is a serious offence. In effect to make and distribute pirate copies of films is to steal from the . .
Cited – Attorney-General v Guardian Newspapers Ltd QBD 1988
A Mr Peter Wright had written a book about his service in MI5. The Crown sought to restrain publication of the book by newspapers and also, as against The Sunday Times, an account of profits.
Held: As to this latter Scott J, said: ‘I had . .
Cited – Attorney-General v Guardian Newspapers Ltd CA 2-Jan-1988
A former employee of the Secret Service had written a book (‘Spycatcher’). The AG sought several remedies including damages against a newspaper for serialising it. Dillon LJ said: ‘It has seemed to me throughout the hearing of this appeal that there . .
Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
Cited – Ministry of Defence v Ashman and Another CA 3-May-1993
A person who has profited from trespassing on someone else’s land may be ordered to pay what are sometimes called ‘restitutionary damages’ to the landowner. Mesne profits can be calculated as the cost of alternative Local Authority Housing. Kennedy . .
Cited – Tinsley v Milligan HL 28-Jun-1993
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the . .
Cited – Westdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
Cited – Ostrich Farming Corportation Limited v Ketchell CA 10-Dec-1997
The court considered the principles to be applied on injunction applications within proprietary claims.
Held: Millett LJ explained the difference between a proprietary injunction and a Mareva freezing injunction: ‘The courts have always . .
Cited – Forsyth-Grant v Allen and Another CA 8-Apr-2008
Claimant’s appeal against judgment in action for trespass and nuisance, arising out of the construction by the defendants of a pair of semi-detached houses on land adjoining the Hotel Picardie at Ventnor on the Isle of Wight, which was owned by the . .
Cited – Les Laboratoires Servier and Another v Apotex Inc and Others PatC 29-Mar-2011
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 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Damages
Updated: 13 November 2022; Ref: scu.470749