Read on Twitter
VICTORY IN THE HIGH COURT
FOR ‘60s LEGENDS THE BONZO DOG DOO-DAH BAND
Dear Bonzo Fans
It has been a long road but finally The Bonzo Dog Doo-Dah Band have successfully defeated abusive writs issued against them by Anglo Atlantic Media Ltd and Director Robert Kirk Carruthers.
FOR ‘60s LEGENDS THE BONZO DOG DOO-DAH BAND
Dear Bonzo Fans
It has been a long road but finally The Bonzo Dog Doo-Dah Band have successfully defeated abusive writs issued against them by Anglo Atlantic Media Ltd and Director Robert Kirk Carruthers.
This ruling follows the band’s success in October of 2019 when the Intellectual Property Office ruled that Anglo Atlantic Media Ltd, with Carruthers’ assistance, had registered the band’s name unlawfully.
The victory, which band members Neil Innes and Martin ‘Sam Spoons’ Ash sadly did not live to see, is also a posthumous victory for founder Bonzo Vivian Stanshall, who passed away in 1995.
Deputy High Court Judge Briggs dismantled 100s of pages of irrelevant prolix Carruthers submitted to court to substantiate his claim that the band and others had unlawfully conspired to publish malicious falsehoods, misrepresent their right to the name and infringe his trademark.
Anglo and Carruthers writs amounted to an attempt to block witnesses statements that had been made as part of the IPO proceedings. In summing up Judge Briggs described the claims as “totally without merit”.
Two writs were pursued against Rodney Slater, Roger Ruskin-Spear, “Legs” Larry Smith & Vernon Dudley Bowhay-Nowell, along with the widows of Sam Spoons, Neil Innes and two of the witnesses in the Trademark hearing, Richard Allen and Michael Livesley.
Neither Mr Livesley nor Mr Allen had any stake in the bands name, yet were subjected to the abusive litigation for a period of over two years.
It was only thanks to the assistance of Solicitors Michael Shepherd and Camilla Cokell of Trainer Shepherd Phillips Melins Hayes LLP and the overwhelming generosity of fans who gave money to a crowdfunding campaign that the band were able to see the case to its conclusion.
Judge Briggs noted Carruthers claims not only sought 'to make a collateral attack' on a decision made by the IPO but also amounted to “an abuse of process” whilst the claim served against the bands witnesses was an affront to the concept of legal privilege which witnesses enjoy.
Citing completely unreasonable behaviour by Carruthers that went “far beyond the norm” Judge Briggs also awarded indemnity costs in excess of £50K to the band on a summary basis. He will hear a further application to have the costs charged directly to Carruthers in two weeks.
The Judgment was handed own verbally on the 8th of April but as soon as we have a copy we can publish it will be made available.
“Legs” Larry Smith noted “the band has suffered monstrous threats, lies and claims that should never have been issued and then allowed to be processed in the first place”
whilst Rodney Slater wryly reflected “Victorious and worse off I carry nothing but the scars of two years of tactical, vexatious litigation from legitimately defending what was mine. Don’t try this at home until the law is reformed “. Roger Ruskin Spear added “daft I call it”.
Richard Allen observed “Finding yourself being sued for fabricated nonsense by someone you have never met or spoken to is incredible enough but I find it even more startling that the claims being made against me were based entirely on my witness statement for an IPO hearing.
This is a case where someone weaponised the legal system to intimidate a witness with impunity. Nobody protected me and that cannot be right. I am hoping this is now taken further by the authorities” Michael Livesley added "I'm glad it's over. This is for Neil, Sam & Viv."
The band with the assistance of Kerry McCarthy MP and The Musicians Union now intend to assist the IPO and Parliament in closing a loophole that allows anyone to appropriate a bands name by paying a £200 fee without having to provide adequate proof of ownership.
Similarly, they wish to pursue the issues raised by an attempt to sue witnesses - behaviour that could potentially amount to witness intimidation - and ensure safeguards for witnesses in the future so witnesses do not find themselves in court faced with enormous legal costs.
Thank you again courts fans and we hope to see you @o2sbe on December 18th to say thank you and farewell in style https://bit.ly/39SVTO9
Please also look out for exciting news of an enormous box set filled with unseen footage, live recordings, demos, outtakes and all of the bands albums and singles in mono and stereo. It will also be packed with reproductions of memorabilia and a hard back book.
All material is officially licenced from the rights owners with audio taken from from the master tapes. It will be out some time in 2021 and promises to be the final word on the band.
Much Love, The Bonzos xxxxx
Much Love, The Bonzos xxxxx
