The Ukulele Orchestra of Great Britain v Clausen & Anor (t/a the United Kingdom Ukulele Orchestra) [2015] EWHC 1772 (IPEC) (02 July 2015)

According to BBC News, the Ukelele Orchestra of Great Britain has won in court against the UK Ukelele Orchestra, a German band albeit composed of British uklelists. The judgment is on BAILII: The Ukulele Orchestra of Great Britain v Clausen & Anor (t/a the United Kingdom Ukulele Orchestra) [2015] EWHC 1772 (IPEC) (02 July 2015). It's a trade mark infringement (the claimants, a partnership albeit only of two people, not much of an orchestra, have a CTM), passing off and copyright infringement case. The case illustrates the importance of the action for passing off even given the breadth of protection given to a registered trade mark under the modern law, because the validity of the CTM was successfully challenged and therefore the infringement claim never got off the ground (which might be the reason for the confused report on the BBC website). The claim for copyright infringement also failed, but it was a slightly optimistic-looking claim relating to dramatic works. The passing-off claim, however, succeeded, as it should.

Coincidentally, the same court declared a CTM invalid in The Sofa Workshop Ltd v Sofaworks Ltd [2015] EWHC 1773 (IPEC), on 29 June 2015, on the basis that the trade mark had not been used in more than a single EU member state. And again, the claimant succeeded on passing off.

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