Hart & Anor v Relentless Records Ltd.& Ors [2002] EWHC 1984 (Ch) (4 October 2002)

Hart & Anor v Relentless Records Ltd.& Ors [2002] EWHC 1984 (Ch) (4 October 2002)

The claimants failed to establish any significant goodwill or reputation in the name 'Relentless' as of November 1999. Their activities were minimal, with no sales to the public, negligible advertising, and no evidence of public association with the name. The judge's conduct did not give rise to apparent bias. The defendants were entitled to summary judgment on their counterclaim for trade mark infringement.

Citation
[2002] EWHC 1984 (Ch)
Parties
Claimant/appellant: Roderick Hart; Claimant/appellant: Relentless Recordings Ltd; Defendant/respondent/part 20 Claimant: Relentless Records Ltd; Defendant/respondent/part 20 Claimant: Relentless Music Publishing Ltd; Defendant/respondent: Media Village PR Ltd
Jurisdiction
England and Wales
Judgment Date
04 October 2002
Procedural Posture
Intellectual Property/passing Off/trade Mark Infringement / Summary Judgment on Counterclaim; Application for Recusal; Security for Costs; Claim Struck Out
Outcome
Claim struck out; summary judgment granted for defendants on counterclaim; application for recusal refused.
Legal Topics
Passing Off, Trade Mark Infringement, Apparent Bias/recusal, Security for Costs
Intellectual Property Law Civil Procedure Passing Off Trade Mark Infringement Apparent Bias/recusal Security for Costs

Case Brief

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Parties

Roderick Hart

Claimant/appellant

Relentless Recordings Ltd

Claimant/appellant

Relentless Records Ltd

Defendant/respondent/part 20 Claimant

Relentless Music Publishing Ltd

Defendant/respondent/part 20 Claimant

Media Village PR Ltd

Defendant/respondent

Procedural Posture

Intellectual Property/passing Off/trade Mark Infringement / Summary Judgment on Counterclaim; Application for Recusal; Security for Costs; Claim Struck Out

Legal Issues

  1. 1 Whether the claimants had sufficient goodwill in the name 'Relentless' to support a passing off claim as of November 1999
  2. 2 Whether the judge should recuse himself for apparent bias
  3. 3 Whether the defendants are entitled to summary judgment on their counterclaim for trade mark infringement

Ratio Decidendi

The claimants failed to establish any significant goodwill or reputation in the name 'Relentless' as of November 1999. Their activities were minimal, with no sales to the public, negligible advertising, and no evidence of public association with the name. The judge's conduct did not give rise to apparent bias. The defendants were entitled to summary judgment on their counterclaim for trade mark infringement.

Court Disposition

Claim struck out; summary judgment granted for defendants on counterclaim; application for recusal refused.

Orders

  • Claimants' claim struck out for failure to provide security for costs.
  • Summary judgment granted to defendants on counterclaim for trade mark infringement.