Introduction Some of us have been in business for very many years and have survived and even thrived during recessions. However, although we can learn from history every recession is different. For the first time in many years we have rapidly rising inflation and rising interest rates. Although some of this may be due to … Read more
In a recent decision the High Court awarded £450,000 including a 200% uplift for additional damages to a claimant whose unregistered design rights in “bodycon” and “bandage” dress designs had been infringed in a flagrant manner. In Original Beauty & others v G4K Fashion & others, the High Court found that the defendant, trading as Oh Polly, had … Read more
The Court of Justice of the European Union (the CJEU) has handed down the latest judgment in a long-running case concerning the online framing of copyright material. A dispute arose between VG Bild-Kunst (VG B-K – a German visual arts copyright collecting society) and Stiftung Preußischer Kulturbesitz (SPK – a German cultural heritage foundation) when … Read more
The UK recorded music industry recently prevailed in a piracy case against a number of internet service providers regarding the operators and users of a cyberlocker website. The legal action was brought by a number of record companies, both majors and independents, suing for themselves and in a representative capacity on behalf of members of … Read more
The Duchess of Sussex’s claim against Associated Newspapers has come to an abrupt end following her application for summary judgment in what had been slated to be the most high-profile civil UK court case in quite some time. By making an application for summary judgment, Meghan Markle had the burden of demonstrating that Associated Newspapers … Read more
This long-running dispute concerned the authorship of the screenplay for the 2016 operatic bio-pic “Florence Foster Jenkins”, starring Meryl Streep and Hugh Grant, which generated over £33 million at the box office and earned Streep an Oscar nomination for Best Actress. A recent High Court re-trial in the Intellectual Property Enterprise Court (IPEC) has determined … Read more
Terry Gilliam’s first attempt to make “The Man Who Killed Don Quixote” in 2000 had to be abandoned when one of the principal cast became unwell. The insurer paid out compensation and acquired the rights, which were subsequently sold to Recorded Picture Company Ltd (RPC). Having granted options to three successive production companies, none of … Read more
Swan Turton are pleased to announce that Anne Mannion, after having served as a board member since 2016, has been appointed to be Chair of the Board of the Association of Photographers (AOP) with effect from 3 June 2019. As the leading UK firm for the photographic industry, Swan Turton has a longstanding relationship with … Read more
An IPEC judgment in November rejected a claim to joint authorship of a screenplay. The film Florence Foster Jenkins starring Meryl Streep and Hugh Grant and directed by Stephen Frears was released in 2016. Nick Martin was credited as the sole author of the screenplay but Julia Kogan claimed to be a joint author of the … Read more
A recent judgment in the Intellectual Property Enterprise Court (IPEC), in an infringement case concerning a photograph of Dylan Thomas used without permission for 17 days on a holiday cottages website, underlines the need for caution when it comes to costs in small claims. Normally the winning party’s costs are not ordered to be paid … Read more
