Bloomsbury Publishing Plc & Anor v Newsgroup Newspapers Ltd [2003] EWHC 1087 (Ch) (07 May 2003)

Bloomsbury Publishing Plc & Anor v Newsgroup Newspapers Ltd [2003] EWHC 1087 (Ch) (07 May 2003)

The court has jurisdiction to grant an injunction against unidentified persons (John Doe) where the acts complained of clearly identify the wrongdoers, and the order, when brought to their attention, will be understood to apply to them, thus protecting the claimants' proprietary and confidential interests.

Citation
[2003] EWHC 1087 (Ch)
Parties
Claimant: Bloomsbury Publishing plc; Claimant: JK Rowling; Defendant: Newsgroup Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2003
Procedural Posture
Interlocutory Application for Injunctive Relief / Application for Interim Injunction
Outcome
Injunction granted
Legal Topics
Injunctions, John Doe Orders, Copyright Infringement, Confidentiality, Conversion
Intellectual Property Civil Procedure Injunctions John Doe Orders Copyright Infringement Confidentiality Conversion

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Parties

Bloomsbury Publishing plc

Claimant

JK Rowling

Claimant

Newsgroup Newspapers Limited

Defendant

Procedural Posture

Interlocutory Application for Injunctive Relief / Application for Interim Injunction

Legal Issues

  1. 1 Whether the court can grant injunctive relief against unidentified defendants (John Doe) engaged in copyright infringement and conversion of confidential material.

Ratio Decidendi

The court has jurisdiction to grant an injunction against unidentified persons (John Doe) where the acts complained of clearly identify the wrongdoers, and the order, when brought to their attention, will be understood to apply to them, thus protecting the claimants' proprietary and confidential interests.

Court Disposition

Injunction granted

Orders

  • Injunctive relief granted against persons offering for sale or distributing the unpublished Harry Potter book, whether or not identified by name, and against those assisting them.