Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd & Anor

Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd & Anor

The Minute Winner Document lacks sufficient specificity and structure to qualify for copyright protection as a dramatic work; the breach of confidence claim is barred by cause of action estoppel and issue estoppel due to prior Swedish proceedings; and BUMP/Mr. Banner had no goodwill in the UK, rendering the passing off claim unsustainable.

Parties
Claimant: Banner Universal Motion Pictures Limited; Defendant: Endemol Shine Group Limited; Defendant: Friday TV AB; Defendant: NBC Universal Global Networks UK Limited
Jurisdiction
England and Wales
Judgment Date
19 October 2017
Procedural Posture
Civil / Case Management Conference and Summary Judgment Application
Outcome
Claim dismissed
Legal Topics
Copyright, Breach of Confidence, Passing Off, Res Judicata, Abuse of Process
Intellectual Property Civil Procedure Copyright Breach of Confidence Passing Off Res Judicata Abuse of Process

Case Brief

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Parties

Banner Universal Motion Pictures Limited

Claimant

Endemol Shine Group Limited

Defendant

Friday TV AB

Defendant

NBC Universal Global Networks UK Limited

Defendant

Procedural Posture

Civil / Case Management Conference and Summary Judgment Application

Legal Issues

  1. 1 Whether copyright subsists in the Minute Winner Document as a dramatic work
  2. 2 Whether breach of confidence claim is barred by res judicata or abuse of process
  3. 3 Whether passing off claim can succeed absent goodwill in the UK

Ratio Decidendi

The Minute Winner Document lacks sufficient specificity and structure to qualify for copyright protection as a dramatic work; the breach of confidence claim is barred by cause of action estoppel and issue estoppel due to prior Swedish proceedings; and BUMP/Mr. Banner had no goodwill in the UK, rendering the passing off claim unsustainable.

Court Disposition

Claim dismissed

Orders

  • Defendants' application for dismissal granted
  • Permission to add or substitute new defendants refused