Shazam Production Ltd v Only Fools The Dining Experience Ltd & Ors.

Shazam Production Ltd v Only Fools The Dining Experience Ltd & Ors.

Copyright subsists in the scripts as dramatic works and in the character Del Boy as a literary work. The defendants' dining show script and performance copied substantial parts of these works, including distinctive character traits, catchphrases, and jokes, amounting to infringement. The use was not for the purpose of parody or pastiche and did not constitute fair dealing. The defendants' use of the name and characters also amounted to passing off, as it misrepresented a connection with the claimant and was likely to cause damage.

Parties
Claimant: Shazam Productions Ltd; Defendant: Only Fools The Dining Experience Ltd; Defendant: Imagination Workshop Pty Ltd; Defendant: Alison Gay Pollard-Mansergh; Defendant: Peter Gordon Mansergh; Defendant: Katharine Mary Gillham; Defendant: Imagination Workshop Limited; Defendant: Imagination Workshop Festival Limited; Defendant: Jared Harford
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Copyright and Passing Off / Judgment After Split Trial on Liability
Outcome
Claim for copyright infringement and passing off succeeds.
Legal Topics
Copyright Subsistence in Scripts and Characters, Infringement by Adaptation, Fair Dealing—parody and Pastiche, Passing Off—goodwill and Misrepresentation
Intellectual Property Copyright Passing Off Copyright Subsistence in Scripts and Characters Infringement by Adaptation Fair Dealing—parody and Pastiche Passing Off—goodwill and Misrepresentation

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 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shazam Productions Ltd

Claimant

Only Fools The Dining Experience Ltd

Defendant

Imagination Workshop Pty Ltd

Defendant

Alison Gay Pollard-Mansergh

Defendant

Peter Gordon Mansergh

Defendant

Katharine Mary Gillham

Defendant

Imagination Workshop Limited

Defendant

Imagination Workshop Festival Limited

Defendant

Jared Harford

Defendant

Procedural Posture

Copyright and Passing Off / Judgment After Split Trial on Liability

Legal Issues

  1. 1 Whether copyright subsists in the scripts and the character 'Del Boy' as protectable works
  2. 2 Whether the defendants infringed copyright by copying substantial parts of the scripts and character
  3. 3 Whether the use constituted fair dealing for parody or pastiche under s.30A CDPA

Ratio Decidendi

Copyright subsists in the scripts as dramatic works and in the character Del Boy as a literary work. The defendants' dining show script and performance copied substantial parts of these works, including distinctive character traits, catchphrases, and jokes, amounting to infringement. The use was not for the purpose of parody or pastiche and did not constitute fair dealing. The defendants' use of the name and characters also amounted to passing off, as it misrepresented a connection with the claimant and was likely to cause damage.

Court Disposition

Claim for copyright infringement and passing off succeeds.

Orders

  • Declaration of copyright subsistence in scripts and Del Boy character
  • Declaration of infringement by defendants