- Feb 2, 2014
No one said anything about replacing it. I implied people worship it more than any god. Money is like any tool. It's only good for what it's good for.
What is TUKUO? I guess I got lost along the way.Most of the UOGB music is written by someone else and arranged by UOGB. So they need to get approval from copyright holders to perform most of their act. TUKUO also needs to get approval from the same copyright holders to perform the material. A hypothetical point is to think about the case where the copyright holder is getting a good income from TUKUO maybe better than the income from UOGB, whose side would the copyright holder take, would they care what a UK court rules and would they seek to modify the actions being taken by UOGB?
If you don't produce original material and don't publish your arrangements of other peoples material in a suitable format that preserves your rights, you don't own the rights and you may have little real control over someone who copies what you are doing. Laws are in place to protect rights, but some work is required to set up your intellectual property into a format that is protected by the law. If you don't do the work at the outset, you can expect to need lawyers and litigation and creativity killing enmity to preserve your rights.
I assume there is scope for appeal, and TUKUO are based in Germany, not UK, so the case is not over yet. Another hypothetical is to think about all the satire and comedy acts that basically copy someone else, would the UK court ruling kill off satire and parody in the UK entertainment industry?
The United Kingdom Ukulele Orchestra (TUKUO). We saw them last year and thought they were great. It did leave a bit of sourness after finding out they weren't the Original and were based in Germany.
Dang, just change the name and go with your talent; they're good enough to stand on their own name. I have the feeling it's more than the money, there must be some type of in-fighting between the two leaders or?
Judge Hacon found the German promoter Erwin Clausen was guilty of passing off when he used the name UK Ukulele Orchestra for a band he put together in 2009 because fans might confuse it with the longer established Ukulele Orchestra of Great Britain.
Making some false representation likely to induce a person to believe that the goods or services are those of another.
In common law countries such as the United Kingdom, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation.
The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.