Monday, 19 March 2012

Diego Sues Sainsbury's

Diego, the world's biggest drinks company, has launched legal action against Sainsbury's, the supermarket chain, over copyright infringement of its Pimm's brand. 
The drinks group believes Sainsbury's decision to launch Pitcher's, an alcoholic drink to which lemonade and fruit can be added, infringes its intellectual property rights as Pimm's is a similar drink and Sainsbury's is one of Diageo's biggest customers in the UK. The drinks group's decision to take legal action against the retailer will catch many in the industry by surprise.

Sainsbury's launched the Pitcher's brand in April this year, claiming it as its own version "of the UK's favourite summer cocktail".
The retailer described the drink as "synonymous with sunshine" and said it was going on sale "in time for all the top summer events; Ascot, Henley and of course, Wimbledon".
A spokesman for the supermarket chain said it intended to "vigorously defend" the claims. "Our customers are savvy enough to know exactly what they're buying, the clue is in the name, and we see no basis for such an allegation," she added.


Jonathan Russell and Jonathan Sibun (2009) 'Diego sues Sainsbury over Pimms 'copy' http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/6035601/Diageo-sues-Sainsburys-over-Pimms-copy.html [18.03.12]



Monday, 12 March 2012

Famous Copyright Infringement Cases

J.K Rowling vs. Steven Vander Ark
J.K Rowling, the author famous for the ‘Harry Potter’ series of books sued Mr. Vander Ark for attempting to publish a Harry Potter encyclopedia. Ark was attempting to write an encyclopedia known as ‘Harry Potter Lexicon’ which was a collection of works that could bring more insight into the world of Harry Potter but he did not add any commentary of his own. It was however noted that this was not the only publication of its kind but this was done to protect the original works of authors the world over, according to Rowling. The presiding judge ordered damages of about $6750 by Ark to Rowling and also banned the publication which would have been done under Warner Bros.


A&M Records vs. Napster
This may be one of the most famous copyright infringement cases in history. Napster was a file sharing site that allowed people the world over to download music from all genres and parts of the planet. Launched in 1999, Napster became a popular site among many music lovers. However, in 2001 there was a case that involved a joint lawsuit filed by various record companies. This case was ruled in favor of the plaintiff and Napster was forced to shut down their site, but not before making a public apology and paying off damages to the tune of $26 million dollars.

How to use the Copyright Symbol ©

The use of the copyright notice may be important as it informs the public that the work is protected by copyright. It identifies the owner and shows the year of publication.
The use of the copyright notice is the responsibility of the owner and does not require permission from the Copyright Office. 
The notice for visual copies should contain the three following elements:

  • The copyright symbol © (the letter C in a circle), the word 'Copyright' or the abbreviation "Copr."
  • The year of the first year of the publication.
  • The name of the owner or an abbreviation by which the name can be recognised. 
It would be written like this:
© 2012 Hannah Gilrane

How To Copyright An Idea




A new and exciting idea should be copyrighted so that no one else can copy it and pass it off as their own. The first thing to do, it put it into a tangible form of expression. This can be done by simply writing the idea down on paper, recording it onto a CD or DVD or any other form where there can be found evidence of the idea. 

  • There are many different kinds of works that can be copyrighted including: Literary works, including computer programs, musical works,  dramatic works,  pantomimes and choreographic works,  pictorial, graphic, and sculptural works,  motion pictures and other audiovisual works, Sound recordings and architectural works.
  • There are also things you can't copyright including: Names, titles, short phrases and slogans, familiar symbols or designs, lists of items as opposed to explanations and work consisting of common property, like the standard calendar.

  • When a work or idea is created, a copyright of it is automatically secured. You can also add the Copyright symbol © to add extra security. 
  • By registering your copyright, you establish a public record of your copyright which is necessary to secure before you can file an infringement suit. 
  • To register a copyright, you can visit: www.copyright.co.uk and fill out the relevant form for the type of work you intend to register. 
  • There is a £42 fee for individual copyright registration.For this you get a filing with a court bailiff, certificate, secure storage 30 years included and assistance in the event on litigation.  
  • Once you have registered for a copyright, it will remain valid 770 years after your death. If that is not long enough, you can fill out a form to renew the copyright.