Protecting the Name of Ian Adam

This article was included in our Spring/Summer 2011 edition of Inside IP magazine.

Just 7 days away from the fourth anniversary of his death, Venner Shipley LLP are pleased to announce a victory in relation to the future protection of Ian Adam’s name, reputation and, indeed, legacy.

Ian Adam was a well known and highly respected singing coach who sadly passed away in March 2007.  His clients included many well known figures from the stage and screen such as Michael Crawford, Clive James, Jeremy Irons, Elaine Paige, Boy George and many others. Shortly after his death, a former friend and work colleague of his, Catherine Hughes, applied to register the name IAN ADAM as a trade mark. This was objected to by another of Mr. Adam’s close friends and work colleagues, Bente Zaber. Ms. Zaber was represented in the case by Kate Széll  of patent and trade mark attorneys Venner Shipley.

In a decision dated 7 March 2011, Mr. Geoffrey Hobbs QC, hearing the appeal against the original decision on the case, upheld Ms. Zaber’s objection, finding that Ms. Hughes’ application had been filed in “bad faith” and should therefore be refused.

Mr. Adam never protected his name by registering it as a trade mark during his life but, nonetheless, had an established business providing singing coaching services in which there remained goodwill on his death. On his death, that goodwill became part of his estate. In applying to register the mark IAN ADAM, Mr. Hobbs found that Catherine Hughes “was for her own benefit seeking to exclude the surviving goodwill and reputation attaching to the name IAN ADAM from the estate”.

In relation to the case Ms. Zaber has issued the following statement;

“We, the opponents and all the people supporting the opposition of the application are very happy with the outcome of the case. We are also very grateful for the competence and even dedication found in Kate Szell, of Venner Shipley, who took a personal interest in the case and was instrumental in getting us to this most gratifying result. We have been fighting to protect what Ian Adam stood for through his entire life as a fantastic teacher and a most unusual loving human being.

Quoting the title of his famous television programme on BBC from 1989 “I’d like to teach the world to sing” much is told about Ian Adam. He wanted to share all his knowledge and love for music and singing to everybody who came to him, famous or not. He treated every single person with the deepest respect and taught them in his own very special and loving way to be better singers, better musicians and even better human beings.

Lessons and masterclasses with Ian was always an education in singing and understanding music as well as caring and respecting other people. Therefore, it would not be in his spirit to monopolize his name, excluding all the people he had taught through his life as a singing teacher from passing his ways and method on to others. He wanted everybody to make use of his specially developed exercises in order to improve their singing, speaking and breathing. He willingly gave them to every private pupil, every singer in masterclasses and to all the viewers of his BBC-programs.

No one can claim special rights to his name, methods and legacy. Ian Adam gave himself to us all !!”

The trade mark registration system is there to assist the genuine trader and help protect reputation.  However, sometimes action needs to be taken to prevent misuse of the system by those trying to benefit, unfairly, from the success and fame of others.  This case shows that such action, whilst not always easy, can often be taken.

Kate Széll 23 Mar 2011

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