Deakin & Anor (t/a Faith Image Source) v Card Rax Ltd & Ors [2011] EWPCC 3 (01 February 2011)

Deakin & Anor (t/a Faith Image Source) v Card Rax Ltd & Ors [2011] EWPCC 3 (01 February 2011)

Defendants breached copyright licences and infringed copyright in certain instances; implied terms were limited to those necessary for business efficacy and not as broadly asserted by claimants; Sonia Brock was not found to be a joint tortfeasor as evidence did not support procurement or common design; unpaid licence fees constitute a debt, not copyright infringement; damages to be assessed separately; counterclaim partially succeeds regarding delay caused by claimant's illness.

Citation
[2011] EWPCC 3
Parties
Claimant: Sue Deakin; Claimant: Dean Wolf; Defendant: Card Rax Ltd (In dissolution); Defendant: The Bees Knees Trading Co. Ltd.; Defendant: Sally Ann Davies; Defendant: Cardrax UK Ltd; Defendant: Sonia Elizabeth Brock
Jurisdiction
England and Wales
Judgment Date
01 February 2011
Procedural Posture
Copyright/civil / Final Judgment After Trial
Outcome
Defendants found liable for breach of licence and copyright infringement; Sonia Brock not liable as joint tortfeasor; damages to be assessed in separate quantum hearing; counterclaim by BK partially succeeds.
Legal Topics
Copyright Infringement, Breach of Licence, Implied Terms, Joint Tortfeasance, Bailment, Damages, Counterclaim
Intellectual Property Contract Law Copyright Copyright Infringement Breach of Licence Implied Terms Joint Tortfeasance Bailment +2 more

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Parties

Sue Deakin

Claimant

Dean Wolf

Claimant

Card Rax Ltd (In dissolution)

Defendant

The Bees Knees Trading Co. Ltd.

Defendant

Sally Ann Davies

Defendant

Cardrax UK Ltd

Defendant

Sonia Elizabeth Brock

Defendant

Procedural Posture

Copyright/civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether defendants breached copyright licences for artwork used in greeting cards and related products
  2. 2 Whether copyright infringement occurred
  3. 3 Whether implied terms existed in the oral licence agreements

Ratio Decidendi

Defendants breached copyright licences and infringed copyright in certain instances; implied terms were limited to those necessary for business efficacy and not as broadly asserted by claimants; Sonia Brock was not found to be a joint tortfeasor as evidence did not support procurement or common design; unpaid licence fees constitute a debt, not copyright infringement; damages to be assessed separately; counterclaim partially succeeds regarding delay caused by claimant's illness.

Court Disposition

Defendants found liable for breach of licence and copyright infringement; Sonia Brock not liable as joint tortfeasor; damages to be assessed in separate quantum hearing; counterclaim by BK partially succeeds.

Orders

  • Defendants to pay damages for breach of licence and copyright infringement (quantum postponed)
  • BK awarded partial damages for counterclaim