Intellectual Property Enterprise Court

Claim No: IP-2022-000053 - [2025] EWHC 1827 (IPEC)

Fecha: 24-Jul-2025

Conclusions on Copyright Infringement

Conclusions on Copyright Infringement

111.

In summary, in my judgment:

GM Drinks is liable for copyright infringement in relation to the First Label:

under section 18 of the CDPA in relation to all the First Label Products; and

under sections 22, 23(a) and 23(b) of the CDPA only in relation to any First Label Products relevantly dealt with from shortly after 13 April 2020.

ii)

GM Drinks is not liable for copyright infringement in relation to the Second Label or Third Label.

iii)

BSH and Mr Patch are not primarily liable for copyright infringement in relation to any of the First, Second or Third Labels.

112.

I am conscious that that result will appear odd to Mr Patch, who considered BSH to be responsible for the copying which occurred. However, as I have set out above, some aspects of copyright law are strict liability, or relate to knowledge which I have found GM Drinks had from shortly after 13 April 2020. In relation to the strict liability aspect, copyright law provides that no damages will be payable by an innocent infringer, to which I return below: GM Drinks may be able to avail itself of that provision. GM Drinks will, however, be liable at least for the damage caused by the approximately 5,880 bottles which it handled from shortly after 13 April 2020.