Written by Bethan Clarke James | March 5, 2025
In Jukic v British Broadcasting Corporation & Anor [2025], the High Court considered claims of trade mark infringement, harassment, and copyright infringement brought by Ms Jukic against the BBC and Wall to Wall Media Ltd (W2W).
Ms Jukic argued that the BBC show ‘Glow Up: Britain’s Next Make-Up Star’ (“Glow Up”) was a copy of her own concept. She asserted that, having shared her concept with employees at W2W, the defendants stole the format of her makeover-focused tv programme. Furthermore, Ms Jukic accused an employee at W2W of hacking into her computer and stealing her data, which she argued was harassment.
Ms Jukic made an application for summary judgment, while the Defendant made an application to strike out the claim on the basis that there was no real prospect of success.
The Defendants denied the claims on the basis that the Particulars of Claim were incoherent and unsubstantiated.
Decision
Trade mark Infringement: Ms Jukic’s trade mark infringement claim was dismissed on the basis that the trade marks were voided by an earlier opposition carried out by Warner Bros.
Copyright Infringement: The court noted that Ms Jukic failed to demonstrate sufficient originality or similarity between her treatment and Glow Up. In fact, she did not specify in the particulars of claim which parts of her concept were being copied.
Harassment: The court found that the alleged conduct did not amount to a “course of conduct” that could be classified as harassment. Again, Ms Jukic’s points made in the Particulars of Claim were unsubstantiated.
The Court found that the claimant had failed to particularise her claims and had not submitted a coherent or legally recognisable cause of action. The comparison between the claimant’s treatment and Glow Up revealed insufficient similarities to support a copyright infringement claim. Furthermore, the court also noted the claimant’s failure to meaningfully engage in the proceedings and her history of not attending hearings.
Conclusion
The claims brought by Ms Jukic against the BBC and W2W were, unsurprisingly, dismissed. This judgment highlights the importance of presenting a clear and legally substantiated claim, particularly in the context of intellectual property rights and allegations of harassment.
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