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Golden Eye issue claims in PCC

Written by on 29 January 2012

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Media CAT replaced by Golden Eye as the Patent County Court (PCC) hear more porn copyright cases.

The Claimant is Golden Eye (International) Ltd and following on from last year is now suing various individuals via the Money on line website. This is the incorrect forum and any IP cases ought to be commmenced in the PCC ( at this level of claim anyway).

The Particulars of Claim are all well known to those who have followed the Davenport Lyons/ACS law debacle. They read as follows:

"The Claimant is the exclusive licensee in the UK of rights in the film sold under the name Fancy an Indian? (the film), including the right to act in relation to any breach of copyright. On 27th November 2009 the Claimant believes the defendant unlawfully made all or part of the film available from his IP address for downloading by third parties. On 29th September 2010 the Claimant sent a letter before action to the Defendant setting out in full its claim for breach of copyright. The Defendant failed to reply. The Claimant sent another letter to the Defendant on 8th November 2010 to which no response was received. The Claimant claims £700 for breach of copyright".

The Claimants failed of course to introduce the original copyright owner which will be subject to a different hearing under the guise of HH Birss his subject can be read here EWPCC 6 </ew/cases/EWPCC/2011/6.html>.

There were a number of similar cases which the Judge invited the Claimant to "make submissions as to how any other of its pending cases arising from that order might be dealt with conveniently".

Watch this space but readers please DO NOT PAY!!

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