The name 'Frankie Goes to Hollywood' has been the subject of a recent trade mark battle between Holly Johnson and the other members of the '80's hit group Frankie Goes to Hollywood.
The band enjoyed massive success in the 1980's with songs such as 'Relax' 'Two Tribes' and 'The Power of Love' and were only the second band to have their first three singles hit the top spot. However, a recent application by Holly Johnson's company 'Frankie Goes to Hollywood Limited' to trade mark the name 'Frankie Goes to Hollywood' encountered fierce opposition from the other band members Peter Gill, Mark O'Toole, Paul Rutherford and Brian Nash.
Despite the bands phenomenal success in the early part of the 1980's, in 1987 Holly Johnson left the band to pursue a solo career and the band effectively disbanded. In 2003 the members of the band were approached by the television show 'Bands Reunited' with a view to arranging a short concert for the programme. Holly Johnson declined to perform with the other members of the band, and also declined to take part in a concert for the Princes Trust. As a result the remaining band members appointed Ryan Molloy as lead singer.
Shortly after the 'Bands Reunited' television programme Mr Johnson applied to register the company 'Frankie Goes to Hollywood Limited' which subsequently sought to register the trade mark 'Frankie Goes to Hollywood'. In the legal action, Holly Johnson argued that the application was made simply to protect the name, however Peter Gill suggested that it was a tactical measure designed to stop the band reforming.
Holly Johnson claimed to have devised the name 'Frankie Goes to Hollywood' after being inspired by a painting of Frank Sinatra. It was not disputed that Holly devised the name. However, this decision makes it clear that the act of inventing a name does not of itself give the inventor any rights. Goodwill is only created by the use of a name in connection with some commercial activity. As such Mr Johnson may have created the name but the goodwill was created by the band.
The Intellectual Property Office held that the band was a partnership and that at the time Mr Johnson left none of the members individually owned any reputation or goodwill which they could enforce against the other band members.
Accordingly, the Intellectual Property Office rejected the trade mark application for the name 'Frankie Goes to Hollywood' on two grounds. The first being that the use by Mr Johnson of the name Frankie Goes to Hollywood would amount to a misrepresentation as people would assume the name related to the band. The second, perhaps more serious ground, was that Mr Johnson had made the application in bad faith and without the knowledge of the other band members. The mark could be used to interfere with the activities and rights of the other former band members and the application was not allowed to proceed.
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