Question
OdadadadadaLtd (O Ltd) is a recently established media business focusing, in particular, on lower-division hockey. It has initiated a number of commercial ventures: 1)It has
OdadadadadaLtd (O Ltd) is a recently established media business focusing, in particular, on lower-division hockey. It has initiated a number of commercial ventures:
1)It has established an online broadcasting platform on which it presents live audio commentaries and video broadcasts (with commentary) of the home matches of Greentown United Hockey Club("GUHC"). O Ltd's business premises overlook GUHC's ground and its employees film the matches and commentate on them from a rooftop vantage point. GUHC has not consented to O Ltd's activities and claims that the video broadcasts infringe copyright in both the hockey matches and the badges and logos on the players' shirts. GUHC also claims that the audio commentaries infringe copyright in the matches.
2)O Ltd also distributes an app through which fans are incentivised to provide information about lower-league hockey matches. Fans download the app onto a phone and enter information about the games(times of goals, substitutions, assists, bookings, sendings-off etc.) as the games proceed. This information is automatically processed in the company's servers in order to produce brief news reports. The software which processes the information was created for O Ltd by Tariq, a freelance software engineer. The news reports are checked briefly before being posted on the company's website. O Ltd's managing director, Sam, is concerned that some of these reports are being copied and made available online by a national broadcaster.
3) O Ltd has been contacted by a representative of Edadadadada Ltd(E Ltd), a company making and selling artisan ice cream under the brand name "Edadadadada". E Ltd claims that O Ltd has infringed copyright in its brand name. Sam claims that she came up with O Ltd's company name without any knowledge of the ice cream company.
Advise Sam whether any claims under the Copyright Designs & Patents Act 1988 may arise on these facts.
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