Phonographic Performance Ltd v JJPB Ltd & Anor

Phonographic Performance Ltd v JJPB Ltd & Anor

The court granted injunctions because the defendants continued to infringe by playing music without a licence, and there was a clear ongoing threat of future infringement, making injunctive relief appropriate despite payment for past infringements.

Parties
Claimant: Phonographic Performance Ltd; Defendant: JJPB Ltd; Defendant: John Paul Batterton t/a Keystones; Defendant: Martin Gaughan t/a Watkin’s Folly
Jurisdiction
England and Wales
Judgment Date
14 June 2017
Procedural Posture
Intellectual Property Infringement / Application for Default Judgment and Injunction
Outcome
Injunctions granted against all defendants
Legal Topics
Copyright Infringement, Injunctions, Default Judgment
Intellectual Property Law Copyright Infringement Injunctions Default Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Phonographic Performance Ltd

Claimant

JJPB Ltd

Defendant

John Paul Batterton t/a Keystones

Defendant

Martin Gaughan t/a Watkin’s Folly

Defendant

Procedural Posture

Intellectual Property Infringement / Application for Default Judgment and Injunction

Legal Issues

  1. 1 Whether an injunction should be granted where past infringements have been paid for but unlicensed public performance continues
  2. 2 Whether default judgment should be entered in the absence of defence or acknowledgement of service

Ratio Decidendi

The court granted injunctions because the defendants continued to infringe by playing music without a licence, and there was a clear ongoing threat of future infringement, making injunctive relief appropriate despite payment for past infringements.

Court Disposition

Injunctions granted against all defendants

Orders

  • Defendants restrained from infringing copyright by playing music in public without a PPL licence