Claim No: IP-2022-000053 - [2025] EWHC 1827 (IPEC)
Fecha: 24-Jul-2025
Summary
Summary
In summary:
GM Drinks is liable to Found the Found under section 18 of the CDPA for copyright infringement of the Work for issuing to the public copies of the Work in the form of the First Label Products, but may not be liable for damages prior to shortly after 13 April 2020 if that infringement was innocent;
GM Drinks is liable to Ms Martin for passing off the First Label Products as endorsed by Ms Martin;
BSH and Mr Patch are joint tortfeasors only in relation to copyright infringement under sections 18, 22, 23(a) and 23(b) of the CDPA in relation only to the First Label Products relevantly dealt with from shortly after 13 April 2020; and
no liability attaches to any of the Defendants in relation to the Second Label or the Third Label.
- 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