Battle of the Bands

Trademarks can be one of the most significant of IP rights as a notable case involving the band Wishbone Ash demonstrates.

The band was popular in the 1970s, and as often happens with bands, members came and went, so that eventually Andy Powell was the last man standing from the original group. He nurtured a new team so that the Wishbone Ash band still performs under that name. He registered the name as an EU trademark (then called a Community trademark). Then a former band member, Martin Turner set up a new band under the name calling his band Martin Turner’s Wishbone Ash. So, Andy Powell successfully applied for an injunction to stop the use of the name Wishbone Ash. The judge awarded Andy Powell more than £40,000 in costs and has ordered Martin Turner to deliver up all flyers, CD covers and other material which bears the Wishbone Ash name.

The Wishbone Ash case is a reminder that trademark registration matters — not just for products and services but for names and identities of all kinds. If you'd like help registering and protecting your brand name, get in touch with Azrights.

Shireen Smith is the founder of Azrights, a specialist IP law firm established in 2004. She has extensive experience in trademarks, brand protection and intellectual property, and is the author of 3 books including Brand Tuned.