Alan Williams Entertainment Ltd. & Anor v Hurd & Ors [2006] EWHC 81 (Ch) (02 February 2006)

Alan Williams Entertainment Ltd. & Anor v Hurd & Ors [2006] EWHC 81 (Ch) (02 February 2006)

Both parties breached the compromise agreement by failing to prevent their bands from being promoted as 'The Rubettes' and by making or permitting disparaging remarks. The obligation to not 'trade as' the Rubettes includes using reasonable endeavours to prevent third parties from misdescribing the bands. Both sides are entitled to an inquiry as to damages for established breaches.

Citation
[2006] EWHC 81 (Ch)
Parties
Claimant: Alan Williams Entertainment Limited; Claimant: Alan Williams; Defendant: William Hurd; Defendant: Alex Bines; Defendant: Paul Prewer (also known as Paul da Vinci)
Jurisdiction
England and Wales
Judgment Date
02 February 2006
Procedural Posture
Civil / Judgment After Trial on Liability, With Damages to Be Assessed
Outcome
Both claim and counterclaim succeed in part; inquiry as to damages ordered for both sides.
Legal Topics
Breach of Contract, Compromise Agreements, Passing Off, Trade Marks, Non Disparagement, Band Name Disputes
Contract Law Intellectual Property Breach of Contract Compromise Agreements Passing Off Trade Marks Non Disparagement Band Name Disputes

Case Brief

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Parties

Alan Williams Entertainment Limited

Claimant

Alan Williams

Claimant

William Hurd

Defendant

Alex Bines

Defendant

Paul Prewer (also known as Paul da Vinci)

Defendant

Procedural Posture

Civil / Judgment After Trial on Liability, With Damages to Be Assessed

Legal Issues

  1. 1 Whether the parties breached the terms of a compromise agreement regarding the use of the band name 'The Rubettes' and related obligations
  2. 2 Interpretation of 'trade as' and obligations regarding third-party use of the band name
  3. 3 Whether reasonable endeavours were used to prevent third-party misdescription

Ratio Decidendi

Both parties breached the compromise agreement by failing to prevent their bands from being promoted as 'The Rubettes' and by making or permitting disparaging remarks. The obligation to not 'trade as' the Rubettes includes using reasonable endeavours to prevent third parties from misdescribing the bands. Both sides are entitled to an inquiry as to damages for established breaches.

Court Disposition

Both claim and counterclaim succeed in part; inquiry as to damages ordered for both sides.

Orders

  • Inquiry as to damages for both claimants and defendants for breaches of the compromise agreement.
  • No immediate award of damages; quantum to be determined in subsequent proceedings.