Football Dataco Ltd & Ors v Sportradar GmbH & Anor

Football Dataco Ltd & Ors v Sportradar GmbH & Anor

The court has jurisdiction over the claims for authorising and joint liability for copyright infringement, and for joint liability for database right infringement, as the particulars of claim, read as a whole, allege acts of infringement by UK customers which the defendants have authorised or are jointly liable for. The claimants have a good arguable case on these issues. Amendments to clarify joint liability and authorisation are allowed, but not to allege primary infringement by communication to the public under section 20 of the Act.

Parties
Claimant: Football Dataco Limited; Claimant: The Scottish Premier League Limited; Claimant: The Scottish Football League; Claimant: PA Sport UK Limited; Defendant: Sportradar GmbH; Defendant: Sportradar AG
Jurisdiction
England and Wales
Judgment Date
17 November 2010
Procedural Posture
Intellectual Property / Interlocutory Applications on Jurisdiction and Amendment of Particulars of Claim
Outcome
Jurisdiction upheld in part; amendments allowed in part
Legal Topics
Copyright Infringement, Database Right Infringement, Jurisdiction, Authorisation of Infringement, Joint Tortfeasance, Amendment of Pleadings
Intellectual Property Law Copyright Infringement Database Right Infringement Jurisdiction Authorisation of Infringement Joint Tortfeasance Amendment of Pleadings

Case Brief

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Parties

Football Dataco Limited

Claimant

The Scottish Premier League Limited

Claimant

The Scottish Football League

Claimant

PA Sport UK Limited

Claimant

Sportradar GmbH

Defendant

Sportradar AG

Defendant

Procedural Posture

Intellectual Property / Interlocutory Applications on Jurisdiction and Amendment of Particulars of Claim

Legal Issues

  1. 1 Whether the English court has jurisdiction over claims for copyright and database right infringement against foreign defendants
  2. 2 Whether the particulars of claim adequately plead acts of infringement in the UK
  3. 3 Whether there is a good arguable case of authorisation or joint liability for infringement

Ratio Decidendi

The court has jurisdiction over the claims for authorising and joint liability for copyright infringement, and for joint liability for database right infringement, as the particulars of claim, read as a whole, allege acts of infringement by UK customers which the defendants have authorised or are jointly liable for. The claimants have a good arguable case on these issues. Amendments to clarify joint liability and authorisation are allowed, but not to allege primary infringement by communication to the public under section 20 of the Act.

Court Disposition

Jurisdiction upheld in part; amendments allowed in part

Orders

  • The court has jurisdiction over claims for authorising and joint liability for copyright infringement and joint liability for database right infringement.
  • Amendments to the particulars of claim are allowed except for those alleging primary infringement under section 20 of the Act.