NIPC Law

  Jane Lambert Court of Appeal  (Lord Justices Lewison, Arnold and Birss)  Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024) This is the third of my supplementary articles on Lord Justice  Arnold's judgment in Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024). I explained the reasons for these supplementary articles in the second paragraph of Lord Justice Arnold's Guidance on Trade Mark Law in the Lidl v Tesco Appeal on 25 March 2024. In this article, I discuss Lord Justice Arnold's guidance on copyright which he set out in paras [38] to [44] of his judgment. Lord Justice Arnold acknowledged at para [38] that little dispute before the judge as to the applicable principles of copyright law but he chose to comment on them anyway because Mrs Justice Joanna Smith "did not have the benefit of  t he subsequent decisions of the Court of Appeal] in ...

  Jane Lambert Business and Property Courts, Intellectual Property List (Mr Justice Edward Johnson)  Pasternak v Prescott   [2022] EWHC 2695 (Ch) This was a claim for copyright infringement and a counterclaim for a declaration of non-infringement. The claimant was Anna Pasternak . author of   Lara: The Untold Story That Inspired Doctor Zhivago  (" Lara" )    She   complained that the defendant,  Lara Prescott , had reproduced part of the selection, structure and arrangement of facts and incidents from 7 out of 12 chapters of her book in The Secrets We Kept ("TSWK") .  Ms Paasternak also alleged that Ms Prescott had reproduced a substantial part of a translation of part of  Légendes de la Rue Potapov in which Ms Pasternak had acquired copyright without Ms Pasternak's consent.  The action and counterclaim came on for trial before Mr Justice Edwin Johnson between 8 and 19 July 2022.  The learned judge deliver...