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England and Wales decisions
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The High Court struck out the claimants’ copyright pleading for insufficient particulars, but left the trade mark defence largely intact, aside from one correction.
The claims in respect of copyright and performers' property rights survive and should go to trial because the Claimants have a real prospect of success on the issues raised, including the effect of the releases and discontinuances under New York law and the scope of performers' rights. Claims for beneficial ownership, unjust enrichment, and secondary infringement are struck out or withdrawn. Procedural objections regarding joinder, relief, and chain of title do not justify striking out the claim at this stage.
Source excerpt
Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Ltd [2024] EWHC 128 (Ch) (29 January 2024)
The High Court refused to strike out or summarily dismiss the core copyright and performers’ rights claims over Jimi Hendrix recordings, but struck out some pleadings and dismissed secondary infringement.
Prysmian Cables & Systems Ltd v M/S Apple International & Ors [2023] EWHC 2176 (IPEC) (07 September 2023)
Trial judgment on passing off and trade mark infringement over use of BICC Components. The claimant failed on goodwill, chain of title, and infringement.
Court of Appeal guidance on when redacted assignment documents can prove title to sue, with appeals concerning Promontoria and Bibby debt claims.
The High Court allowed an appeal over a redacted deed of assignment, holding that the claimant had not proved title to sue without the unredacted documents.
Promontoria (Oak) Ltd v Emanuel & Anor [2020] EWHC 104 (Ch) (30 January 2020)
The High Court allowed an appeal on proof of title, holding that a redacted deed and incomplete documents were insufficient to prove assignment of the debt.
Promontoria (Oak) Ltd v Emanuel & Anor [2019] EWHC 2896 (Ch) (29 October 2019)
The High Court refused an application to admit fresh evidence and to add a fraud ground to an appeal about a redacted assignment deed and proof of title.
Fujifilm Kyowa Kirin Biologics Company Ltd v Abbvie Biotechnology Ltd (Rev 1) [2017] EWHC 395 (Pat) (03 March 2017)
Patents Court judgment on adalimumab priority, chain of title, obviousness, anticipation, and declaratory relief, with declarations granted for the claimants.
Patents Court decision on adalimumab dosage-regimen patents, priority title and declaratory relief in a biosimilars dispute.
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