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

The Claimants’ opening written submissions set out their pre-notification position in relation to copyright as follows (with my comments interpolated):

Thus, I need to assess joint tortfeasorship by BSH and Mr Patch in relation to GM Drinks’ liability under section 18 of the CDPA in relation to the First Label. This might be described as strict liability copyright infringement – even though GM Drinks did not know it was doing anything unlawful, it was. However, there was no evidence at all that BSH or Mr Patch knew of Ms Martin’s Work prior to 13 April 2020, and Mr Patch gave evidence that he did not know of her Work prior to that date. In my judgment, the allegation of secondary liability in relation to pre-notification copyright infringement fails.