Teal blue graphic

TLT successfully advises in leading Scottish case on the intellectual property rights in broadcasting material

TLT has successfully acted on behalf of Lisini Pub Management to overturn an injunction by the Scottish Premier League (SPL). This was to prevent Lisini Pub Management from screening foreign satellite broadcasts of live football matches at their three public houses in the West of Scotland owned by ex-Celtic player Harry Hood.

As the case proceeded, both sides became aware of a significant development with a case referred to the European Court of Justice (ECJ) by the English courts involving public houses broadcasting live Premier League games played in England. There was a territorial restriction in the agreement between the SPL and Polsat, Poland's second biggest television channel that the decoder cards could only be sold in Poland. However the ECJ held that clauses banning the use of foreign decoders and smart cards were void and amounted to a restriction on competition.

The judge dismissed the SPL action as he considered the undertaking "implicitly fell" at the same time as the interdict was withdrawn but he rejected a bid by the SPL to have the counterclaim thrown out.

John Paul Sheridan a director at TLT Scotland Ltd who specialises in litigation says "This is one of the most important cases regarding copyright and intellectual rights in Scotland and we are delighted to have had the order overturned for our client Lisini Pub Management. The client is now suing the SPL for damages for wrongful interdict."

TLT's leisure industry specialists help some of the sector's leading pub companies, clubs, restaurants, hotel chains and visitor attractions to stay ahead in this highly competitive industry. TLT acts in relation to several hundred premises in Scotland for clients including Punch Taverns Plc, Spirit Pub Company Plc, Greene King Pub Partners and Belhaven Pubs (both part of Greene King Plc). TLT's Intellectual Property team provides a full service from audits and clearance searching, research and development arrangements to strategic multi-jurisdictional advice on intellectual property rights and effective protection.

Clients have voted TLT the best UK law firm for client service in Legal Week's independently researched Client Satisfaction Report 2012. TLT has also been named National Firm of the Year at the Legal Business Awards 2013 acknowledging the firm's strategy and growth in Scotland and Northern Ireland and was named Best Managed Firm and won Best Community Engagement at this year's Managing Partners' Forum Awards.

Insights & events View all