Court of Appeal judgment backs Wishbone Ash band member Andy PowellPrint news article
Andy Powell from Wishbone Ash
Intellectual property lawyers at Walker Morris achieve success in high profile music dispute
The Court of Appeal has announced this week that it has refused former Wishbone Ash band member, Martin Turner, the right to appeal an Intellectual Property Enterprise Court decision. In October last year, the Intellectual Property Enterprise Court found Martin Turner’s new band’s name, “Martin Turner’s Wishbone Ash”, infringed Andy Powell’s trade mark for WISHBONE ASH.
Wishbone Ash gained widespread popularity in the 1970s with its third album, Argus, which is widely regarded as a classic of its genre. Through the involvement and guidance of Andy Powell, the last member of the original line up, the band, which has a diehard following across Europe and the USA, is still actively performing.
Philip Harris, Trade Mark Litigator and former President of ITMA, who acted as Counsel for Andy Powell said:
“I am very pleased that the Court of Appeal has stood firm in upholding Recorder Campbell’s carefully reasoned finding that Andy Powell is the rightful owner of the Wishbone Ash trademark against all 22 grounds of appeal. The importance of the case to band name disputes can perhaps best be summed in the memorable phrase of one of Andy’s witnesses: “once you quit, you quit”. As a trade mark attorney advocate, exercising the profession’s new rights to appear before IPEC I was also delighted to be instructed by Walker Morris and Andy in this case and I thank them both for this great opportunity.”