Two Tribes Go to War

The Liverpool based 1980s pop group Frankie Goes to Hollywood Trade have recently been embroiled in another legal dispute. The latest round in the fight over the Frankie Goes to Hollywood Trade mark has been won by the four remaining members of the group, Peter Gill, Mark O'Toole, Paul Rutherford and Brain Nash against former singer Holly Johnson.

Holly Johnson's application to register the 'Frankie Goes to Hollywood' trade mark at the UK Intellectual Property Office (UK IPO) was successfully opposed by his former band mates.

Mr Johnson claimed there was a written agreement with the other band members that recognised him as the originator and owner of the name, and that their use of the name was dependent upon their continuing existence as a group. Mr Johnson had left the group in 1987 and claimed that he therefore had exclusive ownership of the Frankie Goes to Hollywood trade mark and was entitled to apply to register the mark for CDs, DVDs, magazines, clothing and other products.

The application was subsequently opposed by Mr Johnson's former band mates on the basis of Section 3(6) of the Trade Marks Act 1994, namely that 'a trade mark shall not be registered if or to the extent that the application is made in bad faith.' The four were concerned that they should be entitled to use the name for concerts and that their former singer should not hold a monopoly over the name.

The opposition was upheld by a hearing officer at the UK IPO, and he concluded that Holly Johnson was not entitled to a monopoly of the trade mark and could not be allowed to interfere with the activities of his former band members. Mr Johnson was ordered to pay £3,250 costs.

Mr Johnson may choose to appeal the decision but before doing so there is also a pending 'Frankie Goes To Hollywood' Community Trade Mark application to be considered. This application has also been opposed by his former band mates, who would understandably anticipate their success at the UK IPO to be repeated.

03 Jan 2007

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