Football Dataco Ltd & Ors v Smoot Enterprises Ltd & Anor (Rev 1) [2011] EWHC 973 (Ch) (14 April 2011)

Football Dataco Ltd & Ors v Smoot Enterprises Ltd & Anor (Rev 1) [2011] EWHC 973 (Ch) (14 April 2011)

The existence of a pending reference to the ECJ on the legal subsistence of database copyright in Fixture Lists does not prevent the grant of default judgment where the claim is not obviously bad in law and the defendants have failed to acknowledge service or defend. The court is not required to resolve underlying legal uncertainties in default judgment applications.

Citation
[2011] EWHC 973 (Ch)
Parties
Claimant: Football Dataco Limited; Claimant: The Football Association Premier League Limited; Claimant: The Football League Limited; Claimant: The Scottish Premier League Limited; Claimant: The Scottish Football League; Claimant: PA Sport UK Limited; Defendant: Smoot Enterprises Ltd; Defendant: Ransona Limited
Jurisdiction
England and Wales
Judgment Date
14 April 2011
Procedural Posture
Intellectual Property / Application for Default Judgment and Interim Payment
Outcome
Default judgment granted for claimants; interim payment ordered against first defendant; damages to be assessed; permanent injunction granted.
Legal Topics
Copyright, Database Right, Default Judgment, European Law Reference, Injunctions
Intellectual Property Copyright Database Right Default Judgment European Law Reference Injunctions

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Parties

Football Dataco Limited

Claimant

The Football Association Premier League Limited

Claimant

The Football League Limited

Claimant

The Scottish Premier League Limited

Claimant

The Scottish Football League

Claimant

PA Sport UK Limited

Claimant

Smoot Enterprises Ltd

Defendant

Ransona Limited

Defendant

Procedural Posture

Intellectual Property / Application for Default Judgment and Interim Payment

Legal Issues

  1. 1 Whether default judgment can be granted where the underlying legal right is subject to unresolved reference to the ECJ
  2. 2 Whether claimants are entitled to default judgment for infringement of database copyright in Fixture Lists

Ratio Decidendi

The existence of a pending reference to the ECJ on the legal subsistence of database copyright in Fixture Lists does not prevent the grant of default judgment where the claim is not obviously bad in law and the defendants have failed to acknowledge service or defend. The court is not required to resolve underlying legal uncertainties in default judgment applications.

Court Disposition

Default judgment granted for claimants; interim payment ordered against first defendant; damages to be assessed; permanent injunction granted.

Orders

  • Default judgment in favour of claimants against both defendants for infringement of database copyright in Fixture Lists.
  • Damages to be assessed.