NIPC Law

Conrad Lant Author Jonas Rogowski Licence CC BY-SA 3. 0 Source Wikimedia   Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels)  Lant v Plastic Head Music Distribution Ltd and another [2025] EWHC 1954 (IPEC) (31 July 2025) Between 1979 and 1986, Conrad Lant  and Anthony Bray were members of a band called " Venom ".  Each of them had licensed the sale of merchandise reproducing logos and other artwork from that time without the other's consent.  Mr Lant brought proceedings against Mr Bray and his licensee, Plastic Head Music Distribution Limited, for infringement of any copyright that might have subsisted in those works.  Mr Bray and Plastic Head said that Mr Bray was entitled to copyright in some of those works and denied that copyright subsisted in others.  Mr Bray brought infringement proceedings against Mr Lant and his licensee, Razamataz.com Ltd., by way of counterclaim.  The action and counterclaim were tried by Rec...

  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...