GMG Radio Holdings Ltd & Ors v Tokyo Project Ltd & Anor, Court of Appeal - Chancery Division, October 14, 2005, [2005] EWHC 2188 (Ch)

Reporting Judge: [2005] EWHC 2188 (Ch)

President: GMG Radio Holdings Ltd & Ors v Tokyo Project Ltd & Anor

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Extract

GMG Radio Holdings Ltd & Ors v Tokyo Project Ltd & Anor, Court of Appeal - Chancery Division, October 14, 2005, [2005] EWHC 2188 (Ch)

Case No: HC05C02671

Neutral Citation Number: [2005] EWHC 2188 (Ch)

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 14/10/2005

Before :

THE HONOURABLE MR JUSTICE KITCHIN

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Between :

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Mr. M. Platts - Mills QC (instructed by Davenport Lyons) for the Claimant

Mr. A. Wilson QC and Ms. A. Michaels (instructed by Jayes & Page) for the Defendants

Hearing date: 7 October 2005

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Judgment

Mr Justice Kitchin :

Introduction

1. This is an interim application to restrain the defendants from using certain artwork in relation to compact discs or for the purpose of promoting certain musical events. The hearing took place before me on Friday 7 October. During the course of the hearing I was told by counsel for the defendants, on instructions, and for reasons which I explain further below, that it was essential that the application be decided on that day. The hearing finished late. At its close I reached the clear conclusion that it was not appropriate to grant the injunction sought and I so informed the parties. I said that I would give my reasons in writing and that I now do.

2. The claimants are members of Guardian Media Group, which publishes the Guardian and Observer newspapers. They also operate a music business under the trade mark "Hed Kandi". It is that business which forms the basis for the present claim. The business has been operated...

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