Pop Idol makers stop Pub Idol trademark
by MA Reporter
The makers of ITV's Pop Idol have stepped in to stop a karaoke entrepreneur from trademarking the name "Pub Idols" for use in his business.
FremantleMedia Operations BV and 19 TV objected when Alan Brown registered the name "Pub Idol" in relation to karaoke machines, rental of karaoke machines, musical entertainment services, karaoke competitions, entertainment competitions and singing competitions.
The companies, who have licensed the Pop Idol name to electronics firm Acoustic Solutions for use on karaoke machines, claimed that thepublic would be confused into thinking they were behind the "Pub Idol" business.
Now in a judgment on a case heard last year and recently made public, trademarks judge David Landau backed the TV producers' claim and ruled Brown's trademark invalid on the grounds that it was liable to confuse the public.
He said: "The television series was about persons who aspired to be pop stars; karaoke and singing competitions are also about those who aspire to be pop stars or for a few minutes pretend to be pop stars.
"The evidence clearly shows that the reputation of the series transcended television and became a hot topic of the press.
"When Mr Brown made his application, this reputation would have been at its zenith.
"I am of the view that the average consumer, the public at large, will consider that in use in relation to the respective goods, that the goods and services come from the same undertaking or an economically-linked undertaking.
"It is quite likely that the average consumer will believe that the goods and services of Fremantle are being specifically designed for the pub.
"There is far more, in my view, than association in the strict sense or a mere bringing to mind."
He ordered Brown to pay FremantleMedia Operations BV and 19 TV £1,050 towards their legal costs.
