Further success for Yorkshire lawyers in rock band dispute

LAWYERS from Yorkshire firm Walker Morris have been celebrating further success regarding a dispute between two members of 1970s rock band Wishbone Ash.

The Leeds firm represented Andy Powell, the last member of the original band’s line up who is still performing, last year in a case against former band member Martin Turner who had twice left the band and more recently formed a band under the name Martin Turner’s Wishbone Ash.

Walker Morris won the case, which was one of the most high profile music band disputes in recent years and has important consequences for trade mark rights in the music industry where recent cases involving disputes between former band members include Saxon, the Animals, the Sugababes and Frankie Goes to Hollywood.

The Intellectual Property Enterprise Court found Martin Turner’s new band’s name, “Martin Turner’s Wishbone Ash”, infringed Andy Powell’s trade mark for WISHBONE ASH.

Now, the Court of Appeal has announced it has refused Turner the right to appeal an Intellectual Property Enterprise Court decision.

Wishbone Ash gained widespread popularity in the 1970s with its third album, Argus, which is widely regarded as a classic of its genre. Through the involvement and guidance of Andy Powell, the last member of the original line up, the band, which has a diehard following across Europe and the USA, is still actively performing.

Philip Harris, trade mark litigator and former president of ITMA, who acted as Counsel for Andy Powell said: “I am very pleased that the Court of Appeal has stood firm in upholding Recorder Campbell’s carefully reasoned finding that Andy Powell is the rightful owner of the Wishbone Ash trademark against all 22 grounds of appeal.

“The importance of the case to band name disputes can perhaps best be summed in the memorable phrase of one of Andy’s witnesses: “once you quit, you quit”. As a trade mark attorney advocate, exercising the profession’s new rights to appear before IPEC I was also delighted to be instructed by Walker Morris and Andy in this case and I thank them both for this great opportunity.”

Samantha Lucas, who led the Walker Morris team of Helen Thomas-Peter, Chris Hoole and Rose Smalley, went on to say: “We are delighted with this result, which rightly reflects Andy’s steadfast determination and dedication to maintain and grow the Wishbone Ash name.”

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