Glee for club owner in legal battle against Hollywood giant
A BIRMINGHAM comedy club is celebrating after winning its latest battle with the makers of hit US show Glee.
The case revolves around the owner of the Glee Club, which has a long-standing comedy club in the city, and the musical drama Glee, which is made in the US.
Comic Enterprises, which owns the Glee Club, brought trade mark infringement and passing off proceedings against Fox, the maker of Glee, in September 2011. In February 2014 the High Court gave judgment, finding that Fox had infringed Comic’s marks, but that its activities did not amount to passing off.
Fox appealed the decision. In February 2016, the Court of Appeal upheld the High Court’s findings on both trade mark infringement and passing off. However, this left one final issue to be heard and decided, which Fox had initially raised at the first instance trial and reserved to appeal.
Now, the Court of Appeal has ruled that trade marks registered as a series are compatible with EU law.
The decision, marks another victory for Comic in its long-running dispute with media giant Twentieth Century Fox over the TV show Glee.
Mark Tughan, managing director of the Glee Clubs said: “This really is the David and Goliath of legal battles and at the time I thought this would never end.
“The way Fox conducted this litigation was, I believe, calculated to be as long and costly as possible. I am convinced the main aim was not to actually win the case on its merits, but to bankrupt me first.
“I am now looking forward to presenting our case for compensation. The fact that this has lasted almost five years, in my view unnecessarily, has somewhat stiffened my resolve to obtain fair recompense for the suffering and sacrifice my staff and my business have suffered. I did everything I could to keep this dispute small and containable but Fox have pursued the opposite strategy”.
Gowling WLG’s partner Cerryg Jones and senior associate Nick Smee advised Comic, owner of The Glee Club comedy and music chain. Douglas Campbell QC acted as counsel.
A statement from Gowling WLG said: “The Court of Appeal’s decision removes the uncertainty over the validity of tens of thousands of UK marks registered together as a series. It also means that this registration practice, along with the associated price discounts currently offered by the UK IPO, can continue.”
Comic Enterprises established its first live entertainment venue in Birmingham in 1994 and now operates venues in Cardiff, Oxford and Nottingham. Mr Tughan registered the trademark almost a decade before the launch date of the Glee television series in 2009.
