Future Investments SA v FIFA


Reference:
[2010] I L Pr 34

Date:
11th May 2010

Court:
Chancery Division

Facts:

 

The claimant, a company domiciled in Switzerland, claimed to be entitled to exclusive rights to the production and exploitation of the international television signal and all other copyright works in the 1998 Football World Cup matches and opening and closing ceremonies. In particular it claimed the “exclusive rights” to produce and exploit home videos of the 1998 World Cup. The defendant was the world governing body of Association Football and arranged the football World Cup every four years. It was also domiciled in Switzerland. The issue raised was whether the claimant could invoke the jurisdiction of the English courts under the EFTA Judgments Convention (Lugano) 1988 to complain about the grant by the defendant to an English third party of rights which included rights to home video of the 1998 World Cup.


Judge:
Floyd J.

Comment:

 

There was no direct authority in relation to a case based on an unlawful act in relation to a third party who was said to require a licence from an exclusive licensee. Cases dealing with the issue of unlawful means used against third parties indicated that it was important to enquire with precision into the question of whether the unlawful act complained of did in truth interfere with the third party’s freedom of action in relation to the claimant. They also showed that the relevant damage for the purposes of the tort was the damage which was caused by the interference with the third party’s freedom of action.

 


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