Cases

GMG Radio Holdings v Tokyo Project Ltd

Held

(1) In light of statements by Doyle and Brooks as to the importance of the artwork and a survey showing confusion GMG had done enough to establish an issue to be tried. However, they would have considerable difficulty making good their claim at trial. They did not rely on a particular get-up but rather upon the general style of the artwork appearing on their albums, which was difficult to properly define. The artwork of which they complained was not the same as any of their albums, and prominently bore the Defendants’ brand name. In relation to the other material complained of, there was no suggestion of any actual confusion, and GMG only just established an arguable case. (2) Refusal of the injunction would cause the least injustice. If an injunction was refused, damages would not adequately compensate GMG, but neither would damages be an adequate remedy for the Defendants. Delaying release of the CD meant it would have to be abandoned, which would be catastrophic for them.

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