ALAN WILLIAMS ENTERTAINMENTS LIMITED & Anor v MICK CLARKE & Ors

ALAN WILLIAMS ENTERTAINMENTS LIMITED & Anor v MICK CLARKE & Ors

Claimants established goodwill in 'the Rubettes' and 'the Rubettes featuring Alan Williams' from at least 1983; defendants did not accrue concurrent or senior goodwill. Defendants' use of 'the Rubettes' constituted misrepresentation and caused damage to claimants' goodwill, engaging the tort of passing off. Trade mark application by defendant was made in bad faith and is invalid.

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 / Judgment
Outcome
judgment for claimants
Legal Topics
Passing Off, Trade Mark Invalidity, Goodwill Ownership, Misrepresentation, Damage, Bad Faith Registration
Intellectual Property Commercial Law Passing Off Trade Mark Invalidity Goodwill Ownership Misrepresentation Damage Bad Faith Registration

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 / Judgment

Legal Issues

  1. 1 Ownership of goodwill in 'the Rubettes' and 'the Rubettes featuring Alan Williams'
  2. 2 Whether defendants accrued concurrent or senior goodwill
  3. 3 Whether defendants' use of 'the Rubettes' constitutes passing off

Ratio Decidendi

Claimants established goodwill in 'the Rubettes' and 'the Rubettes featuring Alan Williams' from at least 1983; defendants did not accrue concurrent or senior goodwill. Defendants' use of 'the Rubettes' constituted misrepresentation and caused damage to claimants' goodwill, engaging the tort of passing off. Trade mark application by defendant was made in bad faith and is invalid.

Court Disposition

judgment for claimants

Orders

  • Defendants' conduct amounts to passing off.
  • UK trade mark registration is invalid due to bad faith.