Claim No: IP-2022-000053 - [2025] EWHC 1827 (IPEC)
Fecha: 24-Jul-2025
Heading

The Rolls Building
7 Rolls Buildings
Fetter Lane
London EC4A 1NL
Before:
DAVID STONE
(sitting as a Deputy High Court Judge)
Between:
(1) SHANTELL MARTIN (2) FOUND THE FOUND LLC (a company incorporated in New York, USA) | Claimants |
- and – | |
(1) BODEGAS SAN HUBERTO SA (a company incorporated in Argentina) (2) GM DRINKS LIMITED (3) MARC PATCH | Defendants |
Stephanie Wickenden and Stefano Braschi (instructed by McCarthy Denning) for the Claimants.
The First Defendant did not appear.
The Third Defendant represented himself and the Second Defendant.
Hearing dates: 27 and 28 May 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 24 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
- Heading
- David Stone (sitting as Deputy High Court Judge)
- Section 2
- Procedural Matters
- Confidentiality
- Pleading Points
- List of Issues
- Witnesses
- Examples of the Allegedly Infringing Products
- Background Facts
- Mr Patch’s Position
- Copyright Subsistence
- The Law
- The First Label
- The Second Label
- Section 16
- Section 17
- The Third Label
- Acts of Infringement
- Conclusions on Copyright Infringement
- Moral Rights Infringement
- Passing Off
- The law
- Goodwill
- Misrepresentation
- Damage
- Knowledge and Correspondence
- Joint Tortfeasorship
- Joint tortfeasorship for copyright infringement – pre-notification
- Joint tortfeasorship for copyright infringement – post-notification
- Joint tortfeasorship for passing off – pre-notification
- Joint tortfeasorship for passing off – post-notification
- Flagrancy
- Summary
- Next steps