A British ukulele orchestra has lost a High Court duel with a German rival which uses an English name.
The Ukulele Orchestra Of Great Britain today failed to persuade a judge that its reputation could be unfairly tarnished by the appearance of the United Kingdom Ukulele Orchestra – which is based in Germany but made up of British musicians.
Ukulele Orchestra Of Great Britain bosses claimed that their German rival was infringing name trademark rights.
They took action weeks before the United Kingdom Ukulele Orchestra was due to start its first British tour and asked for an injunction preventing its rival from using the United Kingdom Ukulele Orchestra name pending any trial.
United Kingdom Ukulele Orchestra bosses dispute the Ukulele Orchestra Of Great Britain’s trademark infringement claims.
And they said any injunction could unfairly force the cancellation of the forthcoming tour – due to start in Lincoln on October 15 – and cost them tens of thousands of pounds.
Judge Richard Hacon refused to grant the injunction after lawyers representing the rival orchestras traded licks at a hearing in the Intellectual Property Enterprise Court – which is part of Britain's High Court – in London.
He ruled in favour the United Kingdom Ukulele Orchestra and said the Ukulele Orchestra Of Great Britain should have acted sooner.
The Ukulele Orchestra Of Great Britain’s trademark infringement claims could be fully argued at a trial later this year or next year – although no date has been fixed.