Fret no more, ukulele orchestra tells fans after barring German ‘copycats’
A BRITISH ukulele orchestra has won a High Court battle to bar a German copycat band from performing in the UK.
The Ukulele Orchestra of Great Britain has persuaded a judge that it has been damaged by the emergence of The United Kingdom Ukulele Orchestra, which is based in Germany but made up of British musicians.
It was claimed that The United Kingdom Ukulele Orchestra, set up in 2009, was unfairly causing confusion among fans.
Judge Richard Hacon yesterday ruled in favour of The Ukulele Orchestra of Great Britain, which was founded in 1985 and is celebrating its 30-year anniversary, and said its “passing off ” claim had succeeded.
George Hinchliffe, the orchestra’s founder, said he was “absolutely delighted” by the ruling. “We have worked hard for 30 years to create a unique show and the court has now recognised that copycat musical performances cannot trade off the reputation of established groups,” he said. “We have an international and celebrity fan base who have stood by us and who will be very pleased.”
Mr Hinchliffe had told the judge of a “large number” of instances where fans had been confused. He said on one occasion the “social secretary of the British ambassador in Luxembourg” had heard that The United Kingdom Ukulele Orchestra was playing in Luxembourg and had mistakenly emailed The Ukulele Orchestra of Great Britain asking if it could “play at the ambassador’s residence to entertain guests at a tea party”.
The judge dismissed the German orchestra’s rejection of the “passing off ” claim. Judge Hacon, who had analysed evidence at a trial in the specialist Intellectual Property Enterprise Court, which is part of the High Court, added: “I am also satisfied that this has caused damage to The Ukulele Orchestra of Great Britain’s goodwill, particularly by way of loss of control over The Ukulele Orchestra Of Great Britain’s reputation as performers.”
The judge made no damages award. Mr Hinchliffe added: “The United Kingdom Ukulele Orchestra cannot come to Britain again and sell tickets to people who are led to believe they are coming to see The Ukulele Orchestra of Great Britain. British justice has finally ruled in our favour. Now we are free to celebrate our anniversary.”