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England and Wales Case Law

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Financial services regulation

EAK Group Ltd v The Financial Conduct Authority

The Upper Tribunal dismissed E. A. K. Group Ltd’s reference against the FCA’s refusal to authorise Limited Permission credit activities, finding the decision was reasonably open to the regulator.

  • Authorisation
  • Threshold conditions
  • Regulated activities
  • Effective supervision
  • Appropriate resources
  • Suitability
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Intellectual property [2021] EWHC 2799 (Ch)

Columbia Pictures Industries Inc & Ors v British Telecommunications Plc & Ors

Columbia Pictures Industries Inc & Ors v British Telecommunications Plc & Ors [2021] EWHC 2799 (Ch) (22 October 2021)

The High Court granted a section 97A copyright blocking order against six UK ISPs in respect of five piracy websites, finding infringement, knowledge and proportionality.

  • Website blocking orders
  • Copyright infringement
  • Communication to the public
  • Authorisation
  • Proportionality
  • Jurisdiction of isps
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Intellectual property [2021] EWCA Civ 441

Tunein Inc v Warner Music UK Ltd & Anor

Tunein Inc v Warner Music UK Ltd & Anor [2021] EWCA Civ 441 (26 March 2021)

The Court of Appeal largely upheld a ruling that TuneIn’s service infringed copyright by communicating foreign radio streams to the UK public and by authorising infringement.

  • Communication to the public
  • Authorisation and joint liability
  • Internet radio streaming
  • Territoriality of copyright
  • Targeting in copyright infringement
  • Reproduction right
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Intellectual property

Tunein Inc v Warner Music UK Ltd & Anor

The Court of Appeal held TuneIn liable for copyright infringement by communicating foreign radio streams to UK users, while rejecting one Pro app recording point.

  • Communication to the public
  • Hyperlinking liability
  • Territoriality of copyright
  • Accessory liability
  • Authorisation
  • Joint tortfeasance
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Intellectual property [2021] EWHC 409 (Ch)

Capitol Records & Ors v British Telecommunications Plc & Ors

Capitol Records & Ors v British Telecommunications Plc & Ors [2021] EWHC 409 (Ch) (25 February 2021)

The High Court granted a website blocking order under section 97A against major UK ISPs in relation to Nitroflare.com, finding large-scale copyright infringement.

  • Website blocking orders
  • Copyright infringement
  • Communication to the public
  • Joint tortfeasorship
  • Authorisation
  • Proportionality
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Intellectual property

Capitol Records & Ors v British Telecommunications Plc & Ors

The High Court granted a website blocking order against Nitroflare.com, finding the site was used for large-scale copyright infringement targeting UK users.

  • Website blocking orders
  • Copyright infringement
  • Communication to the public
  • Authorisation
  • Joint tortfeasorship
  • Proportionality of injunctions
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Intellectual property [2020] EWHC 688 (Ch)

Lifestyle Equities CV & Anor v Santa Monica Polo Club Ltd & Ors

Lifestyle Equities CV & Anor v Santa Monica Polo Club Ltd & Ors [2020] EWHC 688 (Ch) (23 March 2020)

Second trial on trade mark infringement remedies: the court considered joint liability and account of profits against two defendants linked to infringing sales.

  • Trade mark infringement
  • Passing off
  • Joint and several liability
  • Account of profits
  • Accessory liability
  • Common design
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Copyright

Warner Music UK Ltd & Ors v Tunein Inc

The High Court held that TuneIn’s service infringed copyright for Categories 2, 3 and 4 stations, but not Category 1. The Pro app recording function also infringed.

  • Communication to the public
  • Hyperlinking
  • Internet radio
  • Authorisation
  • Joint tortfeasance
  • Safe harbour
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Intellectual property [2019] EWHC 2923 (Ch)

Warner Music UK Ltd & Ors v Tunein Inc

Warner Music UK Ltd & Ors v Tunein Inc [2019] EWHC 2923 (Ch) (01 November 2019)

The High Court held that TuneIn’s UK-targeted internet radio service communicated sound recordings to the public and infringed copyright in several categories of stations.

  • Communication to the public
  • Internet radio
  • Territoriality of copyright
  • Hyperlinking liability
  • Authorisation and joint tortfeasance
  • Safe harbour provisions
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Intellectual property [2019] EWHC 1357 (Ch)

Lifestyles Equities C.V. & Anor v The Copyrights Group & Ors

Lifestyles Equities C.V. & Anor v The Copyrights Group & Ors [2019] EWHC 1357 (Ch) (06 June 2019)

The High Court refused joinder of proposed defendants in a trade mark case, holding the pleaded facts did not show a real prospect of joint tortfeasor liability.

  • Joint tortfeasorship
  • Director liability
  • Trade mark infringement
  • Authorisation
  • Corporate governance
  • Joint-tortfeasorship
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.