CDWOW lose landmark court case

CDWOW were found to be in contempt of court after repeatedly breaching undertakings to cease illegal importing. IRMA’s case was taken in partnership with BPI, the UK record companies’ trade association.
“We made a decision to take thte case through the British courts because Philip Robertson, who runs CDWOW lives there. That’s where all his assets are,” Dick Doyle, Director General of IRMA confirmed.
The case centred on the retailer's practice of parallel importing – selling CDs to Irish and UK customers that have not been manufactured in the European Economic Area (EEA). “In this case the CDs were imported from the Far East,” IRMA said in a statement.

In a previous court case, CDWOW had given undertakings that the importation of CDs from, outside the EEA would cease.

Finding CDWOW in contempt of court, the High Court Judge pointed to "strong evidence that CDWOW was committing widespread breach of the undertakings... when the contempt application was launched." He also said that "CDWOW had taken no effective steps to ensure compliance with the undertakings even after an application for contempt had been served."

The full sum for fines, costs and damages are to be decided at a hearing in early July. The judge ordered CDWOW to pay £150,000stg immediately towards legal costs.

“What’s interesting now is that CDWOW have to do a complete inventory of their sales since 2004,” Dick Doyle added. ”It’s remarkable. They’ll have to give the information on every single sold, and every album sold into the Irish market, in oprder to determine what percentage was illegal.

“We are delighted with the outcome. It sends a clear message to all companies engaged in illegally importing music CDs and DVDs into Ireland from outside Europe – you are breaching copyright law and you will be caught.”

Mr Willie Kavanagh, Chairman IRMA said: “This judgment is very important as it helps defend legitimate retailers in Ireland who are respecting the law, against illegal and unfair competition.”