Catalina Software Ltd v Professional IT (Logistics) Ltd

Catalina Software Ltd v Professional IT (Logistics) Ltd

The claimant has now clearly identified the copyright work relied on, and there is an arguable case of infringement based on the defendant's creation of screenshots from the claimant's software; therefore, the Particulars of Claim should not be struck out.

Parties
Claimant: Catalina Software Limited; Defendant: Professional IT (Logistics) Limited
Jurisdiction
England and Wales
Judgment Date
05 March 2014
Procedural Posture
Intellectual Property Claim / Application to Strike Out Particulars of Claim at CMC
Outcome
Application to strike out dismissed
Legal Topics
Copyright Infringement, Pleading Requirements, Computer Software Copyright
Intellectual Property Copyright Infringement Pleading Requirements Computer Software Copyright

Case Brief

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Parties

Catalina Software Limited

Claimant

Professional IT (Logistics) Limited

Defendant

Procedural Posture

Intellectual Property Claim / Application to Strike Out Particulars of Claim at CMC

Legal Issues

  1. 1 Whether the Particulars of Claim sufficiently identify the copyright work relied on
  2. 2 Whether the Particulars of Claim disclose an arguable case of copyright infringement

Ratio Decidendi

The claimant has now clearly identified the copyright work relied on, and there is an arguable case of infringement based on the defendant's creation of screenshots from the claimant's software; therefore, the Particulars of Claim should not be struck out.

Court Disposition

Application to strike out dismissed

Orders

  • Directions to be given for substantial amendments to the Particulars of Claim