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06 May 2022 / Laura Trapnell
Issue: 7977 / Categories: Features , Profession , Intellectual property
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Au contraire, Rodney!

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Are Del Boy & Rodders heading to court? Laura Trapnell looks into an unusual claim
  • Considers a copyright and passing off action being brought against a theatrical production based on the sitcom Only Fools and Horses.

Lovely Jubbly! The nation loves Only Fools and Horses and there is quite a lot of coverage at the moment concerning the Only Fools and Horses copyright infringement and passing off action. The action is being brought by Shazam—the television production company founded by the sitcom’s late writer, John Sullivan—that is suing an immersive theatre show (Only Fools: The (Cushty) Dining Experience) based on the BBC sitcom.

Who dares, wins!

The claim focuses on the use of the Only Fools and Horses characters, together with some of their well-known phrases by the Cushty Dining Experience and alleges copyright infringement and passing off. Apart from the obvious appeal because of the much-loved subject matter, the reason this case is interesting is because it goes against the well-established interpretation of copyright and passing

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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