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Playboy Enterprises International Incorporated v Entertainment Media Networks Ltd
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1 User Commentary

Melanie Davidson (In-house lawyer) 28 September 2015

Case Digest: Playboy Enterprises International Incorporated v Entertainment Media Networks Limited [2015] IEHC 102

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The High Court of Ireland handed down judgment in Playboy Enterprises International Incorporated v Entertainment Media Networks Limited [2015] IEHC 102 on 19 February 2015. 

In previous proceedings the plaintiff alleged that the defendant had provided links to photographic material of model Kate Moss, in a state of undress, which it held the exclusive license to make use of. In turn it brought a claim in copyright against the defendant.

The defendant subsequently applied for an order under O.19 r.7 of the Rules of the Superior Courts that the plaintiff provide replies to particulars and produce certain documentation; the issue at the centre of the current proceedings.

In the current proceedings, whilst a number of particulars were sufficiently clear to allow the defendant to plead a defence, a number required elaboration to allow the defendant to submit a defence. Ms. Justice Baker directed the plaintiff to reply to questions 4, 5, 6 and 8 of the particulars in respect of the statutory claim to breach of copyright. In addition, documents sought by the defendant were central to the matter and would be required in order to determine the matter.

In her decision, Ms. Justice Baker stated that the defendant’s application would succeed in part. An order was made accordingly.


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