Cases You Should Have Heard Of

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[2010] EWCA Civ 1145

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Copyright in Photographs: Temple Island Collections and Creation Records

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In our very first NIPC newsletter which we published in June 1997 I wrote a case note on Mr. Justice Lloyd's decision in  Creation Records Ltd. and Others v News Group Newspapers Ltd   [1997] EMLR 444, [1997] EWHC Ch 370, (1997) 16 Tr LR 544. In that case Mr. Noel Gallagher of Oasis and others applied for an interlocutory injunction to restrain The Sun from offering for sale and selling a poster of Oasis that featured a photo of an elaborate set that included a white Rolls Royce in a country club swimming pool. The Sun's photograph was very similar to the photograph that appeared on an Oasis album cover. The similarity arose because The Sun's photographer shot the same scene at roughly the same time and from the same angle as Mr. Gallagher's photographer but he did not reproduce any part of Oasis's print or negative. The learned judge held that the plaintiffs had no arguable case for infringement of copyright though he accepted that they had an arguable case for br...
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Honest Concurrent User as a Defence to Trade Mark Infringement and Passing off Claims - The Muzmatch Appeal

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  Jane Lambert Court of Appeal (The Lord Chief Justice of England and Wales and Lords Justices Arnold and Nugee)  Match Group, LLC and others s v Muzmatch Ltd and another [2023] EWCA Civ 454 (27 April 2023) This was an appeal against the decision of Mr Nicholas Caddick QC that the defendants had infringed the claimants' trade marks and were liable for passing off (see  Match Group LLC  and others v Muzmatch Ltd and another    [2022] EWHC 941 (IPEC)).   The claimants were members of the Match Group which operates a worldwide online dating service. The first defendant ran an online dating service for Muslims that was formerly known as MUZMATCH but is now called MUZZ.  The second defendant was the founder of the first defendant and its CEO. I discussed Mr Caddick's judgment in Trade Marks and Passing off: Match Group, LLC v Muzmatch Ltd   on 1 Oct 2022. The claimants' marks are set out in a table in my previous article. They objected ...
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Oracle Corporation's Application

Yesterday was the first day since I started this blog that I allowed a day to pass without at least one post. I am sorry about that but it was really not my fault. Sometime after 5pm on Saturday evening, the wi-fi signal of the Admiral House Hotel in Douglas went down and had still not come back on when I checked out at 10am this morning. Now that I am safely returned to Yorkshire, I can post the article that I had intended to upload yesterday. Not long ago I commented on NMR's Application which was the first decision of the Comptroller following CFPH . Now there is another one and it is even more interesting than the last because of the route by which the hearing officer arrived at his decision. Oracle Corporation's appeal agent the examiner's refusal of a patent for a method of converting text from one mark-up language into another was rejected because the hearing officer, Stephen Probert , interpreted Peter Prescott QC's judgment in CFPH as prohibiting anything that...
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