Alan Williams Entertainment Ltd. & Anor v Hurd & Ors

Alan Williams Entertainment Ltd. & Anor v Hurd & Ors

Both parties breached the compromise agreement by failing to prevent trading as 'The Rubettes', not taking reasonable steps to correct third-party misdescription, and making disparaging remarks. Reasonable endeavours, not absolute prevention, are required. Use of domain names and website content constitutes trading as 'The Rubettes'.

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
Outcome
Both claim and counterclaim partially succeed; breaches of compromise agreement established on both sides.
Legal Topics
Breach of Compromise Agreement, Passing Off, Trademark, Non Disparagement, Fair Competition
Contract Intellectual Property Breach of Compromise Agreement Passing Off Trademark Non Disparagement Fair Competition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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

Legal Issues

  1. 1 Whether parties breached the compromise agreement regarding use of 'Rubettes' name and logo
  2. 2 Obligations regarding third-party misdescription and promotion
  3. 3 Non-disparagement and fair competition undertakings

Ratio Decidendi

Both parties breached the compromise agreement by failing to prevent trading as 'The Rubettes', not taking reasonable steps to correct third-party misdescription, and making disparaging remarks. Reasonable endeavours, not absolute prevention, are required. Use of domain names and website content constitutes trading as 'The Rubettes'.

Court Disposition

Both claim and counterclaim partially succeed; breaches of compromise agreement established on both sides.

Orders

  • Inquiry as to damages for both claimants and defendants resulting from breaches of compromise agreement.
  • No order for quantum of damages at this stage.