Alan Williams Entertainments Ltd & Anor v Clarke & Ors [2022] EWHC 1798 (IPEC) (13 July 2022)

Alan Williams Entertainments Ltd & Anor v Clarke & Ors [2022] EWHC 1798 (IPEC) (13 July 2022)

The court found that the Claimants, specifically AWEL, owned the goodwill in the names 'the Rubettes' and 'the Rubettes featuring Alan Williams' for the relevant goods and services. The Defendants' use of 'the Rubettes' constituted passing off, as it was a misrepresentation likely to cause damage to the Claimants' goodwill. The trade mark application by Mr Clarke was made in bad faith and is invalid under the Trade Marks Act 1994.

Citation
[2022] EWHC 1798 (IPEC)
Parties
Claimant: Alan Williams Entertainments Limited; Claimant: Alan Williams; Defendant: Mick Clarke; Defendant: John Richardson; Defendant: Steve Innes Etherington
Jurisdiction
England and Wales
Judgment Date
13 July 2022
Procedural Posture
Intellectual Property Passing Off and Trade Mark Invalidity / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Passing Off, Trade Mark Law, Goodwill, Bad Faith Registration, Ownership of Band Names
Intellectual Property Law Passing Off Trade Mark Law Goodwill Bad Faith Registration Ownership of Band Names

Case Brief

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Parties

Alan Williams Entertainments Limited

Claimant

Alan Williams

Claimant

Mick Clarke

Defendant

John Richardson

Defendant

Steve Innes Etherington

Defendant

Procedural Posture

Intellectual Property Passing Off and Trade Mark Invalidity / Judgment After Trial

Legal Issues

  1. 1 Whether the Claimants own the goodwill in the name 'the Rubettes' and 'the Rubettes featuring Alan Williams'
  2. 2 Whether the Defendants' use of 'the Rubettes' amounts to passing off
  3. 3 Whether the Defendants' trade mark registration was made in bad faith and is invalid

Ratio Decidendi

The court found that the Claimants, specifically AWEL, owned the goodwill in the names 'the Rubettes' and 'the Rubettes featuring Alan Williams' for the relevant goods and services. The Defendants' use of 'the Rubettes' constituted passing off, as it was a misrepresentation likely to cause damage to the Claimants' goodwill. The trade mark application by Mr Clarke was made in bad faith and is invalid under the Trade Marks Act 1994.

Court Disposition

Claim allowed

Orders

  • Declaration that the Claimants own the goodwill in 'the Rubettes' and 'the Rubettes featuring Alan Williams'
  • Declaration that the Defendants' use of 'the Rubettes' amounts to passing off