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

Section 18 infringement: the Claimants submitted that Mr Patch and BSH were both aware that the First Label Products were for circulation in the United Kingdom, and were in fact circulated, and therefore had knowledge of the relevant acts of trade. They were both put on notice that the First Label was an infringing copy from 13 April 2020 (Mr Patch because he read it directly in the email from Ms Martin, and BSH because Mr Patch forwarded Ms Martin’s email to them). I accept that submission. In my judgment, from shortly after 13 April 2020 Mr Patch and BSH were aware of the essential elements of the tort, and so are joint tortfeasors with GM Drinks. As set out above, this relates to only a small quantity of the First Label Products – approximately 5,880 bottles of wine.

Section 22, 23(a) and 23(b) infringement: The Claimants submitted that Mr Patch and BSH are joint tortfeasors in relation to section 22 infringement (importing) in relation to the Second Label and Third Label, because they were made aware on 13 April 2020 that the First Label infringed. I am not sure that is right, but it does not matter, because I have found that the Second and Third Labels do not infringe. The same is said to be true in relation to section 23(a) infringement (possessing) and section 23(b) infringement (selling or offering or exposing for sale). Again, as I have found that the Second and Third Labels do not infringe, the issue does not arise. I cannot find in the Claimant’s skeleton argument a joint tortfeasorship claim in relation to Mr Patch and BSH and the First Label for copyright infringement under sections 22, 23(a) and 23(b) of the CDPA – however, it is pleaded, and so I need to deal with it. I consider Mr Patch and BSH to be joint tortfeasors in relation to this infringement for the same reasons as I have set out above in relation to section 18 infringement, but only in relation to the small number of bottles dealt with as from shortly after 13 April 2020.