Allen v Redshaw [2013] EWPCC B1 (15 May 2013)

Allen v Redshaw [2013] EWPCC B1 (15 May 2013)

Defendant's products substantially reproduced the Claimant's copyright works and misrepresented themselves as authorised merchandise, constituting copyright infringement and passing off. Parody and disclaimers were insufficient defences.

Citation
[2013] EWPCC B1
Parties
Claimant: Mr Allen; Defendant: Mr Redshaw
Jurisdiction
England and Wales
Judgment Date
15 May 2013
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for Claimant
Legal Topics
Copyright Infringement, Passing Off, Damages, Licensing, Parody Defence
Intellectual Property Tort Copyright Infringement Passing Off Damages Licensing Parody Defence

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 5 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Allen

Claimant

Mr Redshaw

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Defendant infringed the Claimant's copyright in Button Moon artistic works
  2. 2 Whether the Defendant's products amounted to passing off as authorised merchandise
  3. 3 Assessment of damages for copyright infringement and passing off

Ratio Decidendi

Defendant's products substantially reproduced the Claimant's copyright works and misrepresented themselves as authorised merchandise, constituting copyright infringement and passing off. Parody and disclaimers were insufficient defences.

Court Disposition

Judgment for Claimant

Orders

  • Damages for copyright infringement and passing off awarded
  • Interest awarded