The dispute between Playboy and an Irish based entertainment website whom it alleges breached its copyright by publishing a link to exclusive photos of model Kate Moss "in various states of undress" has returned before the High Court.
Playboy Enterprises International Inc, part of the magazine empire founded by Hugh Hefner, has sued Entertainment Media Networks, which offers entertainment listings on entertainment.ie. over the use of photographs of Ms Moss which featured in the magazine's 60th anniversary edition.
Playboy claims entertainment.it had, in December 2013, without its permission, published a link to images of the model, which the plaintiff exclusively commissioned, a week before the 60th anniversary edition was published.
Playboy claims the defendant caused it significant loss and damage as well as damage to its reputation by publishing the images.
The High Court previously made orders directing Playboy produce certain material and documents to the defendant in advance of the trial.
At the High Court on Monday, Mr Justice Paul Gilligan heard that the defendant wants further information in advance of the trial, including Playboy’s accounts for the last five years.
Yvonne McNamara, for the defendant, said it needs to see the accounts to fully defend a “very broad” claim for damages against it.
Playboy, represented by Paul Coughlan, says it should not have to disclose what it deems highly sensitive commercial information which, he argued, has no relevance whatsoever to the claim.
The judge adjourned the matter for two weeks to allow the sides see if they could come to an arrangement in relation to discovery.
In its action, Playboy claims it engaged top fashion photographers Mert Alas and Marus Piggott to shoot exclusive “artistic” photographic images of Ms Moss in various states of undress. The images featured on the front cover, and in an 18-page spread, of the magazine’s 60th anniversary edition of December 10th, 2013.
Playboy says the model was featured in “various provocative poses” and wearing the classic playboy bunny costume. In some of the pictures Ms Moss is either nude or semi-nude. Playboy claims the images are its exclusive copyrighted property.
It claims a link was posted by the defendant after it discovered images of “a scantily clad” Ms Moss on the internet.
The link was taken down shortly afterwards but the fashion publication Harper's Bazaar became aware of the link and used it, it is claimed. The link was completely down by December 23rd, 2013, the court heard.
