Infringement in UK Law

Leading Cases
  • C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
    • House of Lords
    • 12 Mayo 1988

    My Lords, I accept that a defendant who procures a breach of copyright is liable jointly and severally with the infringer for the damages suffered by the plaintiff as a result of the infringement. The defendant is a joint infringer; he intends and procures and shares a common design that infringement shall take place. A defendant may procure an infringement by inducement, incitement or persuasion.

  • Interflora Inc. (a company incorporated under the laws of Michigan, United States) and Another v Marks and Spencer Plc
    • Court of Appeal (Civil Division)
    • 05 Noviembre 2014

    To the contrary, if, having regard to the perceptions and expectations of the average consumer, the court concludes that a significant proportion of the relevant public is likely to be confused such as to warrant the intervention of the court then we believe it may properly find infringement.

  • Compass Publishing BV v Compass Logistics Ltd
    • Chancery Division
    • 24 Marzo 2004

    In the former situation, the court must consider notional use extended to the full width of the classification of goods or services. In the latter it must consider notional use on a scale where direct competition between the proprietor and the alleged infringer could take place.

  • Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and Others
    • Chancery Division
    • 02 Marzo 2010

    In my judgment it follows from the foregoing considerations that it does not constitute bad faith for a party to apply to register a Community trade mark merely because he knows that third parties are using the same mark in relation to identical goods or services, let alone where the third parties are using similar marks and/or are using them in relation to similar goods or services. The applicant may believe that he has a superior right to registration and use of the mark.

  • Unilin Beheer BV v Berry Floor NV
    • Court of Appeal (Civil Division)
    • 25 Abril 2007

    Now it is true that in an inquiry as to damages or account of profits the patentee is allowed to claim relief for types of alleged infringement not ruled on by the trial court. This saves the formal issuance of fresh proceedings in respect of these and is permitted as a matter of convenience, see General Tire v Firestone [1975] RPC 203 at p.207).

  • Pearce v Ove Arup Partnership Ltd
    • Court of Appeal (Civil Division)
    • 21 Enero 1999

    We do not find it necessary to decide whether Mr Justice Vinelott was correct to take the view (if he did) that an action for alleged infringement of a foreign copyright by acts done outside the United Kingdom in a state not party to the Brussels Convention, in a case where no question as to the validity or registration of the right was in issue, was not justiciable in an English court.

  • Norwich Pharmacal Company v Commissioners of Customs and Excise
    • House of Lords
    • 26 Junio 1973

    They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Restricted limitation decree
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
    ... ... of Special Drawing Rights, ... in respect of the loss, damage and delay caused to any property or to the infringement of any rights ... through the claimants’ act or omission or through the act or omission of any person on board ... the vessel (give name) ... in ... ...
  • General limitation decree
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
    ... ... Special Drawing Rights, in respect of the loss, damage and delay caused to any property or to the ... infringement of any rights through their act or omission or through the act or omission of any person ... on board the vessel (give name) ... in the navigation or ... ...
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