Sean Ibbetson

This Practice Note deals with the civil remedies available to a successful party following a copyright infringement claim. It examines the statutory basis to and applicable case law on injunctions, damages or an account of profits, innocent infringement, delivery up, destruction and seizure, declaratory relief, dissemination and publication of the judgment, other interim relief, costs and interest. This Practice Note also provides some explanation of remedies for infringement of moral and performance rights, concurrent rights, the Intellectual Property Enterprise Court and criminal offences.

This Precedent sets out guidance on the contents of a claim form for use in relation to a claim for copyright infringement. It contains a link to an N1 claim form (CPR Part 7) (10.20) which has been populated with suggested text which can be adapted for use in either Intellectual Property sub-list or Intellectual Property Enterprise Court sub-list cases. Both sub-lists form part of the Intellectual Property List (Chancery Division) in the Business and Property Courts. The guidance is drafted so as to cover infringement of copyright pursuant to CDPA 1988.

This Precedent sets out guidance on the contents of a claim form for use in relation to a claim for trade mark infringement and/or passing off. It contains a link to an N1 claim form (CPR Part 7) (10.20) which has been populated with suggested text which can be adapted for use in either the Intellectual Property List within the Chancery Division or in the Intellectual Property Enterprise Court. It is drafted so as to cover infringement of a UK trade mark registration pursuant to the Trade Marks Act 1994.

This is a Precedent Defence for use in relation to a claim for copyright infringement. It can be adapted for use in either Intellectual Property sub-list or Intellectual Property Enterprise Court sub-list cases. Both sub-lists form part of the Intellectual Property List (Chancery Division) in the Business and Property Courts. This Precedent is drafted so as to cover infringement of UK copyright pursuant to CDPA 1988. It is designed to respond to the points raised in the Precedent Particulars of claim.

This is a Precedent Defence and counterclaim for use in relation to a claim for trade mark infringement and/or passing off. It can be adapted for use in either the Intellectual Property List within the Chancery Division or in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of a UK trade mark registration pursuant to the Trade Marks Act 1994.

This is a Precedent final order (or order following judgment) for use in relation to a claim for copyright infringement. It assumes that the claimant has brought successful proceedings in the High Court for infringement of copyright. It can be adapted for use in either Intellectual Property sub-list or Intellectual Property Enterprise Court sub-list cases. Both sub-lists form part of the Intellectual Property List (Chancery Division) in the Business and Property Courts.

This is a Precedent final order (or order following judgment) for use in relation to a claim for trade mark infringement and/or passing off. It assumes that the claimant has brought successful proceedings in the High Court for infringement of a UK trade mark, and also for passing off. The order is drafted on the basis that the defendant has brought unsuccessful counterclaims which allege that those trade marks are invalid and/or should be revoked. It can be adapted for use in either the Intellectual Property List within the Chancery Division or in the Intellectual Property Enterprise Court.

This is a Precedent notice and take-down letter (or NTD letter) for use when an internet service provider (ISP) or online platform is hosting or providing access to a third party’s trade mark infringing activity. It is intended to be sent to an ISP or host in circumstances where a trade mark owner wishes to provide the ISP or host with notice of trade mark infringing activity as a precursor to obtaining a website blocking order or other injunction. This notice provides the intermediary with ‘actual knowledge’ of its service being used to infringe a trade mark so that the rights holder may apply for an injunction requiring that it terminates access to the infringing website, in accordance with the principles established in Cartier International AG & others v British Sky Broadcasting Limited & others [2016] EWCA Civ 658.

This is a Precedent particulars of claim for use in relation to a claim for trade mark infringement and/or passing off. It can be adapted for use in either the Intellectual Property List within the Chancery Division or in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of a UK trade mark registration pursuant to the Trade Marks Act 1994.

This is a Precedent reply for use in relation to a claim for copyright infringement. It can be adapted for use in either Intellectual Property sub-list or Intellectual Property Enterprise Court sub-list cases. Both sub-lists form part of the Intellectual Property List (Chancery Division) in the Business and Property Courts. This Precedent is drafted so as to cover infringement of UK copyright pursuant to CDPA 1988. It is designed to respond to the points raised in the Precedent defence.

This is a Precedent reply and defence to counterclaim for use in relation to a claim for trade mark infringement and/or passing off. It can be adapted for use in either the Intellectual Property List within the Chancery Division or in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of a UK trade mark registration pursuant to the Trade Marks Act 1994. It is designed to respond to the points raised in the Precedent defence and counterclaim.