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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Dear sirs. Here is an unusual one . I am wanting to

Resolved Question:

Dear sirs. Here is an unusual one for you. I am wanting to put on a club night, in October, in London, paying tribute to a long-defunct yet well-respected 90s Brixton-based gay club-night, using the original DJs for that club. The club in question was called LOVE MUSCLE - it has not been trading for more than a decade. I am wondering if I were to call my one-off event 'THE LOVE MUSCLE YEARS - A tribute to the legendary Brixton club' if I can get around any situation where I might be sued for either passing off or being in breach of copyright. I obviously will not be using their logo. What do you think?

Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. You are safe using the name "The Love Muscle Years" to host a new club event. Whilst LOVE MUSCLE might have had a subsisting when operational, the fact the business is now defunct means that an action for passing off doesn't lie today. This issue was considered last month in the UK Supreme Court in relation to the use of a name by a Hong Kong business which had customers in England. As this was not the primary object of their business - providing tv services in the UK - no action for passing off lay. Accordingly, as LOVE MUSCLE is not a subsisting business today, there is no longer any goodwill today to be protected. So you can safely avoid any action for passing off by using the name "The Love Muscle Years". You would also avoid any action for passing off if you used simply "LOVE MUSCLE". 2. However, using the words "LOVE MUSCLE" will give rise to problems if the name was trademarked. You would lose any action for use of the name if it was trademarked. An action in copyright might also lie against you if there is a company or business name registered in Companies House which is "LOVE MUSCLE". So you should not use the name directly. Your idea of using a derivation of the name is ***** ***** course.
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