In a claim filed at a court in New York City, USA last month, software giant Microsoft is facing legal action over alleged unauthorised use of professional photographers’ images. The images in question were taken by American photographer Matilde Gattoni and appeared in an article titled 'These are the women leading China’s wine revolution’.
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Blog posts tagged in no win no fee copyright claim
As well as dominating the recent UK news agenda, it would seem that the new life that the Duke and Duchess of Suffolk are planning is already facing a potential legal battle over the ownership of their ‘Sussex Royal’ trademark.
...In one of the more blatant – and frankly comical - examples of infringing a brands copyright and intellectual property rights, a garage in Brazil has recently been raided and closed down by police after it was found to be producing replicas of well-known supercars from manufacturers including Ferrari and Lamborghini.
...Rich Energy, the main sponsor of Formula 1 race team Haas, has lost a claim for copyright infringement against Whyte Bikes, a UK mountain bike manufacturer.
...A recent decision by the Court of Appeal in the US, overturning a previous and highly controversial decision regarding unauthorised use of images on the internet, has come as a relief to professional photographers worldwide.
...Jaguar Land Rover (JLR), designers and manufacturers of Jaguar and Land Rover vehicles has recently announced that it has been successful with a legal action made in China for copyright infringement.
...In a move that will come as a relief to internet news aggregators such as Google News and the Huffington Post, the European Parliament has confirmed in principal the rules to be covered under the European Copyright Directive. The proposed reforms, which have been two years in the making, are still subject to final review but in draft form they would appear to assuage news aggregators who feared that they may face copyright legal action or other penalties for displaying short pieces of content – known as ‘snippets’ – from other, third party sources.
...A recent decision by the European Parliament approving a new copyright law could have major implications for online user generated content and may even ‘destroy the internet as we know it’ according to user groups.
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Missed completion deadline leads to £133m contract dispute litigation
A large scale contract dispute claim has commenced involving a Hull based energy plant and one of its main contractors. The plant – Energy Works Hull – terminated the contract for MW High Tech Projects as they claim that the contractor had not met the agreed project completion date. Energy Works Hull are seeking £133m in damages to cover the cost of rectifying defects, delay damages and added costs to complete works. In response, MW High Tech Projects is disputing the claim and has subsequently filed a counterclaim for just under £47m, based on provisions they say are in the original contract that provide for payment following a termination for convenience. The two parties are now heading for the High Court with claims and counterclaims stemming from failure to deliver the project, termination of the main contract and assignment of a key... Read More
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Court date set for HS2 Old Oak Common contract dispute
Engineering and construction firm Bechtel now has a court date set to enable its appeal against the award of the HS2 £1bn Old Oak Common station construction partner contract. Read More
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Is UK litigation becoming more antagonistic?
Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken. In the case of Navigator Equities Ltd & Ors v Deripaska from July this year, Mr Justice Andrew Baker said that, in the 30 years in which he had worked in commercial dispute resolution: There has been a significant general increase in hostility and aggressiveness in the conduct of disputes…the taking of any and every point, good or bad, and other failures to display proper independence from the litigating client... Read More
