Cases

GMG Radio Holdings v Tokyo Project Ltd

Comment

This case is unusual in that the get-up relied upon by the Claimants could not be identified with any certainty, but was rather the common elements from the packaging of a number of individual products. The judge expressed the view that the Claimants would have considerable difficulty in making good their claim in passing off at trial. Nevertheless, the hurdle of 'a serious issue to be tried' is a low one, and the Claimants passed it. The injunction was nevertheless refused because of the grave consequences for the Defendants of having to delay the release of their album, which contained recordings that were currently popular and intended for the Christmas market.

Areas of work

Intellectual Property
Music Law
Passing off

Also