NIPC Law

Author Rob Farrow   Licence CC BY-SA 2.0 Deed   Source Wikimedia Commons Jane Lambert Business and Property Courts, Intellectual Property (Chancery) Mr Justice Zacaroli PG Systems Europe Ltd. and another v Aughton and another   [2023] EWHC 581 (22 March 2023) This was an action for copyright infringement and breach of confidence. It was brought by a software house against its former director and programmer. The claimants were a US company called Productivity-Quality Systems, Inc. ("PQS") and an English company called PQ Systems Europe Ltd. ("PQE").  The transcript refers to them collectively as "PQ".  PQE was not a subsidiary of PQS but it was founded, owned and run by the same person. When that founder died both companies passed into the hands of his successor.    The first defendant, Jeff Aughton ("Mr Aughton"), worked for PQE from 1989 to 2015  On leaving that company, Mr Aughton developed software packages that were similar to PQE's....

Author Satoshi Nakamoto Copyright released   Jane Lambert Court of Appeal (Lady Justice Asplin and Lord Justices Arnold and Warby)  Wright and others v BTC Core and others (Rev1) [2023] EWCA Civ 868 (20 July 2023) This was an appeal against Mr Justice Mellor's refusal in   Wright and others v BTC Core and others  [2023] EWHC 222 (Ch) (7 Feb 2023 to permit service outside England and Wales of claim forms alleging copyright infringement.  The claimants were Craig Steven Wright who claims to have created  Bitcoin  and two of Dr Wright's companies.  Bitcoin is a  cryptocurrency  that is attributed to one  Satoshi Nakamoto .  Dr Wright claims to be Mr Nakamoto.  The defendants are companies and individuals from around the world who are accused of copying matter known as "the Bitcoin File Format."  Dr Wright and his companies say that copyright subsists in the Bitcoin File Format and claim ownership on ...

Skin Author XebonR  Licence CC BY-SA 3.0   Source Wikimedia Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)    Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd and another [2023] EWHC 890 (IPEC) (20 April 2023) This was an action for passing off, unlawful interference with the claimant's business, malicious falsehood and copyright infringement. The claimant, Yours Naturally Naturally Yours Ltd, supplied an anti-age skin serum called "Elixir" which had been formulated by its founder, director and shareholder, Georgina Tang.  It complained that its distributor Kate McIver and the company that she founded Kare McIver Skin Ltd. had claimed to be the creators of the serum.  It also alleged that the defendants continued to use the marketing materials that had been supplied for the purpose of distributing Elixir after the first defendant had ceased to resell that product.   The Facts Ms Tang formulated Elixir in 2015 and ...

Authors Ben Sutherland   Beyond My Ken   Licence CC BY-SA 2.0 Source Wikimedia Commons     Jane Lambert Chancery Division (Mr Justice Zacaroli) Smith v Dryden and others [2021] EWHC 2277 (11 Aug 2021) This was a claim by Kelly-Marie Smith against Kesi Dryden and others for copyright infringement. The claimant wrote the words and music for a song called Can You Tell Me .  She claimed that copyright subsisted in those works and that those copyrights had been infringed by the performance, recording and publication of the song Waiting All Night.  The song had been written by James Newman and recorded by the band Rudimental .  The action came on for trial before Mr Justice Zacaroli between 20 and 26 July 2021. At para [86] of his judgment in Smith v Dryden and others [2021] EWHC 2277, the learned judge dismissed the claim. The judge referred to s.1 (1) and s.3 (1) of the Copyright, Designs and Patents Act 1988 . He also cited para [33] of Judg...