Judge oversees Only Fools and Horses copyright fight

A company set up by the creator of the sitcom has taken legal action against the operators of an ‘interactive theatrical dining experience’.

A judge is overseeing a High Court copyright fight centred on Only Fools and Horses (Matt Alexander/PA) (PA Wire)

A company set up by the creator of the television sitcom Only Fools and Horses is embroiled in a High Court copyright fight with the operators of an “interactive theatrical dining experience”.

Shazam Productions, which was set up by writer John Sullivan, who died in 2011, has taken legal action against Only Fools the Dining Experience.

Lawyers representing Shazam allege the “Only Fools The (cushty) Dining Experience” show infringes copyright in the sitcom scripts and copyright in “each of the central characters” – and that marketing of the show has involved “passing off”.

They say the case could have ramifications for Shazam.

Lawyers representing the dining experience dispute Shazam’s claims and are fighting the case.

Judge John Kimbell is considering arguments at a High Court hearing in London due to end later this week.

“The sitcom constitutes one of the most valuable properties in British television,” barrister Jonathan Hill, who is leading Shazam’s legal team, told the judge in a written argument.

“The outcome of this claim could have potentially very serious ramifications for (Shazam’s) exploitation of its intellectual property in relation to the sitcom.”

Mr Hill said the dining experience show was a “part-scripted, part-improvised” dramatic performance and featured central characters from the sitcom – “Del Boy, Rodney, Uncle Albert, Marlene, Cassandra, Boycie, Trigger and DCI Roy Slater”.

He said the characters had the “distinctive character traits conceived by John Sullivan” and used their “signature phrases and ways of speaking”.

Mr Hill said the operators of the dining experience show contended that their use of the characters and materials from the sitcom did not amount to material that could be protected by copyright.

They denied “passing off” on the “footing” that their show would not be seen as “connected” with the owners of the intellectual property in the sitcom, but as an “unofficial” tribute show, he said.