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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Warner Music UK Ltd & Anor v Tunein Inc [2019] EWHC 3374 (Ch) (18 December 2019) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2019/3374.html Cite as: [2019] RPC 29, [2019] EWHC 3374 (Ch) |
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BUSINESS AND PROPERTY COURTS
OF ENGLAND AND WALES
INTELLECTUAL PROPERTY LIST (ChD)
7 Rolls Buildings Fetter Lane London EC4A 1NL |
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B e f o r e :
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(1) WARNER MUSIC UK LIMITED (for itself and as representative Claimant on behalf of the members of its corporate group as set out in the annex to the amended claim form) (2) SONY MUSIC ENTERTAINMENT UK LIMITED (for itself and as representative Claimant on behalf of the members of its corporate group as set out in the annex to the amended claim form) |
Claimants |
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- and - |
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TUNEIN INC |
Defendant |
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1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. Fax No: 020 7831 6864 DX 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
MR. ROBERT HOWE QC and MR. JAANI RIORDAN (instructed by Bird & Bird LLP) appeared for the Defendant.
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Crown Copyright ©
MR JUSTICE BIRSS:
The terms of injunctive relief (and the inquiry)
9. The trial of the claim in relation to the issues of liability will proceed by way of determination of the Issues by reference to a sample as follows:
(1) By no later than 4.00pm on 18 June 2018, the claimants and the defendant will each nominate 5 radio stations which they allege fall into the following categories (together the "Sample Stations"):
(i) 5 music radio stations which are or have been indexed on the defendant's platform and are licensed in the UK; and
(ii) 5 music radio stations which are or have been indexed on the defendant's platform and are not licensed in the UK or elsewhere;
(iii) 5 music radio stations which are or have been indexed on the defendant's platform and are licensed for a territory other than the UK;
(iv) 5 Premium music radio stations which are or have been indexed on the defendant's platform.
(2) [terms as to sample sound recordings]
(3) The trial of the issues in relation to radio stations, and the directions set out in the remainder of this Order, will be limited to the Sample Stations and the Sample Recordings.
(4) Until further order, the determination of any issues in relation to the Sample Stations shall apply only in respect of those Sample Stations. Following the determination of those issues, the parties shall have permission to apply for further directions as to (i) the scope and effect of the Court's findings and (ii) the determination of all and any issues as to the extent to which acts of infringement of copyright in the Claimants' Works (and/or in any particular Claimants' Work) have taken place.
(5) The parties have permission to apply for such further or other directions as may be appropriate (including as to the sampling of stations or recordings) to enable the issues of liability to be determined.
Costs