1 Status Quo claims preserved in part ...
The IPKat has been busily contemplating Lancaster v Handle Artists Management Ltd, a Chancery Division ruling yesterday by the Vice-Chancellor, Sir Andrew Morritt and picked up swiftly by All England Direct and not yet available on BAILII.
Most of the parties in this dispute were members of the pop group Status Quo and had an interest in the copyright and performing royalties payable under four sets of recording agreements concluded between July 1966 and December 1982 (the Pye agreements, the Gaff agreements, the 1979 agreements and the Classicmore agreements).
Coghlan left the group in 1981 as did one of his colleagues, Lancaster, in 1987. In November 2002 they sued the other group members and their manager, seeking declarations that they remained entitled to their share of royalties under the recording agreements and that the defendants held such royalties on trust for the members of the group in equal shares. Lancaster and Coghlan sought accounts and enquiries as to how much they were entitled to receive. The defendants applied to strike these claims out on the basis that Lancaster and Coghlan had relinquished any rights to royalties by the documents they signed when they left. Further, they argued, the claims were time-barred by the Limitation Act 1980.
The judge struck out or summarily dismissed the claims for most of the royalties, except in the case of the first claimant those arising under the Pye agreements and in the case of the second claimant those arising under the Pye and Gaff agreements. This wasn't because Lancaster and Coghlan were entitled to the money, but because those claims couldn't be easily determined without a full trial. The allegations contained in the particulars of claim and the relief sought included allegations that the defendants had received money as trustees. If that could be proved, the limitation-based defence would not apply.
The IPKat thinks this must be right. He is always saddened by the sight of aged rock stars in court, trying to refresh their memories of the 1960s, the period of history in which it is popularly said that, if you can remember the '60s, then you weren't there ...
Google hits for "If you can remember the 1960s" here
Rockin' All Over the World here
2 ... and now for some flower power
Interflora, the IPKat reads in Brand Republic, has revamped its branding for direct marketing and other communications activity and is now to position itself as the 'flower experts'. This new slant, developed by direct marketing agency WWAV Rapp Collins Leeds, also includes the message that receiving flowers helps people to feel "special". The newly created branding is to get its first outing on two campaigns being developed under the themes of birthdays and anniversaries. Lyn Davies, Interflora head of brand, said:
"Interflora is already an established and trusted brand but by combining these two key messages we have really set ourselves apart from the competition".The IPKat finds it difficult to believe that Interflora, who have been supplying flowers on a specialist basis since before he was born, are going to increase their brand power or change consumer perceptions by telling their customers what they already know.
Flower power here and here