- 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 off caselaw that we have been following in the English courts
