The Football Association Premier League Ltd v Berry & Anor [2014] EWHC 726 (Ch) (13 March 2014)

The Football Association Premier League Ltd v Berry & Anor [2014] EWHC 726 (Ch) (13 March 2014)

The claimant is entitled to summary judgment and an interim payment of £65,000 on account of costs, as the rights infringed are valuable, the litigation was properly brought in the High Court, and the costs incurred are not disproportionate given the defendant's conduct and the complexity of the issues.

Citation
[2014] EWHC 726 (Ch)
Parties
Claimant: The Football Association Premier League Limited; First Defendant: Anthony Berry; Second Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Intellectual Property Copyright Infringement / Summary Judgment Application and Interim Costs Order
Outcome
Summary judgment granted for claimant; interim payment of costs ordered.
Legal Topics
Copyright Infringement, Interim Payment of Costs, Summary Judgment, Damages Inquiry, Account of Profits, Competition Law, Jurisdiction and Forum
Intellectual Property Copyright Law Copyright Infringement Interim Payment of Costs Summary Judgment Damages Inquiry Account of Profits Competition Law +1 more

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Parties

The Football Association Premier League Limited

Claimant

Anthony Berry

First Defendant

Barclays Bank PLC

Second Defendant

Procedural Posture

Intellectual Property Copyright Infringement / Summary Judgment Application and Interim Costs Order

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment for copyright infringement in logos and graphics within football broadcasts
  2. 2 Appropriate forum for the claim (High Court vs. Intellectual Property Enterprise Court)
  3. 3 Appropriate amount for interim payment on account of costs

Ratio Decidendi

The claimant is entitled to summary judgment and an interim payment of £65,000 on account of costs, as the rights infringed are valuable, the litigation was properly brought in the High Court, and the costs incurred are not disproportionate given the defendant's conduct and the complexity of the issues.

Court Disposition

Summary judgment granted for claimant; interim payment of costs ordered.

Orders

  • Declaration approved by consent
  • Injunction granted