In a trial to assess the quantum of financial loss in the IPEC, FBT Productions LLC v Let Them Eat Vinyl Limited [2021] EWHC 932 (IPEC), Deputy High Court Judge Ian Karet found the claimant was not entitled to damages for loss of opportunity since that defendant’s wrongdoing did not cause the loss. Damages for…

Recently, the Court of Appeal in TuneIn v Warner Music UK Ltd & Anor confirmed the continued application of “retained EU law” in the UK on the thorny issue of communication to the public and clarified the assessment of the “new public” in TuneIn appeal. The UK approach for now remains in line with the…

Interest in eSports (‘electronic sports’ or competitive video gaming) has accelerated during the COVID-19 pandemic. With many traditional face-to-face sports suspended, eSports have become an attractive viable competitor for self-isolating new and existing fans alike. With no geographic discrimination, an all-digital medium and even ‘anyone allowed to play’ tournament models, eSports is now a nascent…

Summary The IPEC has held than an employee produced software in the course of his employment, despite his claims he did most of his work in his own time, at home, and on a personal computer. In the decision, Penhallurick v MD5 Limited [2021] EWHC 293 (IPEC), Hacon J suggested that such factors did not…

The relative contribution of a joint author is a factually complicated and difficult matter to assess. The re-trial of Martin and another v Kogan [2021] EWHC 24 (Ch) confirmed this to be the case. We have previously written about this authorship dispute regarding the film Florence Foster Jenkins [here] and [here]. In this post, we…

Summary The judgment in PRS v Qatar Airways [2020] EWHC 1872 considers an interesting jurisdiction challenge in the context of international air travel.  In December 2019, PRS issued a claim in the UK against Qatar Airways (QA) for a declaration that QA infringed the worldwide performing rights in its musical works, an injunction to prevent…

Here we have it. The first instance of regulatory divergence. The UK is leaving the European Union, and already the rules of the single market are starting to break. In response to a parliamentary question by Labour MP Jo Stevens, Intellectual Property Minister Chris Skidmore said on 21 January that the UK Government had no…

In Response Clothing Ltd v The Edinburgh Woollen Mill Ltd [2020] EWHC 148, His Honour Judge Hacon (“HHJ Hacon”) found that copyright subsisted in a fabric design as a work of artistic craftmanship and that the sale of garments made from such fabric amounted to copyright infringement. The case is an interesting development in English law…

Ed Sheeran’s ‘Shape of You’ was a giant hit of the last decade, a runaway success story – well almost. There is a fly in the ointment. Sami Chokri (a.k.a. Sami Switch) is claiming Sheeran and his fellow songwriters infringed his copyright, copying part of the chorus of ‘Oh Why’. You can hear the two…

1. Italian Case Law on Fast Injunctions The impact of the illegal distribution of audiovisual content is growing (see, for Italy, the report issued in 2019 by FAPAV Federation for the protection of audiovisual and multimedia content). IP enforcement is an important part of the reaction against this illegal phenomenon. In 2019, some important improvements…