||All England Reporter
|| All ER (D) 156 (Jan)
||Charles Purle QC and Richard Southall (instructed by Jens Hill & Co) for the claimants.
||Adrian Speck (instructed by Harbottle & Lewis) for the defendants.
||22 January 2002
Passing off - Name - Goodwill - Music group - Claimants members of funk music band - Defendants forming pop band of same name as defendant band - Defendant band failing to have commercial success in recent years - Whether goodwill in band's name subsisting - Whether damage to goodwill.
In an action for passing off the court was satisfied that the claimants' case had been made out against the defendant music group for the use of the name 'Liberty'. Although the claimant group had not had any commercial success for some years, the continuation of the band and its small following of fans meant that the goodwill in the name subsisted and was entitled to protection by the court.
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