Cases

GMG Radio Holdings v Tokyo Project Ltd

Facts

GMG had operated a music business under the trade mark "Hed Kandi" since the late 1990's. As part of this business GMG released compilation albums of dance music, each featuring the Hed Kandi mark and also featuring women drawn in a particular ‘pop art’ style by the artist Jason Brooks. These had been very successful. A Mr Doyle, who had been instrumental in the success of the Hed Kandi brand, left the Claimant company to set up the Defendant company, announcing that he was taking Mr Brooks and his distinctive artwork with him. The Defendants’ website, promotional material and proposed first album cover featured pictures of stylized women drawn by Mr Brooks. GMG sought an interim injunction preventing use of this artwork.

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