Queensberry Promotions Ltd v British Telecommunications Plc & Ors

Queensberry Promotions Ltd v British Telecommunications Plc & Ors

Queensberry did not have standing to apply for an injunction under section 97A by virtue of the purported 'exclusive licence' from Showtime Networks Inc, as this was not an exclusive licence of a right within the meaning of section 92(1) of the 1988 Act. However, after taking an assignment of the right to bring proceedings from SNI, Queensberry had standing to make the application.

Parties
Claimant: Queensberry Promotions Limited; Defendant: British Telecommunications PLC; Defendant: EE Limited; Defendant: Plusnet PLC; Defendant: Sky UK Limited; Defendant: TalkTalk Telecom Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
30 November 2018
Procedural Posture
Intellectual Property Copyright / Application for Injunction Under Section 97 a of the Copyright, Designs and Patents Act 1988
Outcome
Injunction granted
Legal Topics
Copyright Infringement, Injunctions Against Intermediaries, Standing to Sue, Exclusive Licence, Assignment of Rights
Intellectual Property Law Copyright Infringement Injunctions Against Intermediaries Standing to Sue Exclusive Licence Assignment of Rights

Case Brief

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Parties

Queensberry Promotions Limited

Claimant

British Telecommunications PLC

Defendant

EE Limited

Defendant

Plusnet PLC

Defendant

Sky UK Limited

Defendant

TalkTalk Telecom Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Intellectual Property Copyright / Application for Injunction Under Section 97 a of the Copyright, Designs and Patents Act 1988

Legal Issues

  1. 1 Whether Queensberry had standing to apply for an injunction under section 97A of the Copyright, Designs and Patents Act 1988 in respect of copyright owned by Showtime Networks Inc
  2. 2 Whether an 'exclusive licence' to make applications under section 97A confers standing
  3. 3 Whether assignment of the right to bring proceedings under section 97A is valid

Ratio Decidendi

Queensberry did not have standing to apply for an injunction under section 97A by virtue of the purported 'exclusive licence' from Showtime Networks Inc, as this was not an exclusive licence of a right within the meaning of section 92(1) of the 1988 Act. However, after taking an assignment of the right to bring proceedings from SNI, Queensberry had standing to make the application.

Court Disposition

Injunction granted

Orders

  • Defendants required to take measures to block or impede access by their customers to streaming servers delivering infringing live streams of Queensberry's boxing events.