Located by The Tall Ship at the SECC in Glasgow, The Curry Karaoke Club – currently the only venue that specialises exclusively in karaoke party nights combined with Indian cuisine – has successfully taken Black & White 2 Limited, operating from a venue in the city’s Hope Street, to court to prevent its use of the trade mark ‘Curryoke’.
Chan Bains, proprietor of The Curry Karaoke Club, purchased the Curryoke trade mark last year, having previously used it under licence. In addition to using the brand to promote his own operation, Mr Bains also licenses the brand for use by various other companies, including WKD and JD Wetherspoon.
But when he discovered that Black & White 2 was promoting a Curryoke Club, Mr Bains approached the company’s owners to advise them that they were infringing a registered trade mark and to enquire if they would be interested in licensing the brand. However, when his enquiry was met with threats of violence, Mr Bains called in the police who subsequently advised him to seek legal advice.
Acting on behalf of The Curry Karaoke Club, McClure Naismith Solicitors successfully raised an action against Black and White 2 at the Court of Session in Edinburgh to protect the trade mark by obtaining an interim interdict preventing Black and White 2 from using the word ‘Curryoke’ or similar in its advertising and signage.
When Black and White 2 failed to comply with this court order, McClure Naismith obtained a further court order requiring the removal of any signage from its premises using the word ‘Curryoke’ or similar within 48 hours. Black and White 2 again failed to comply and McClure Naismith instructed Gordon & Noble, court officers, to remove the signage, which they did on Wednesday 5th March.
Mr Bains said, “It is my hope that this case will serve as a clear warning that we will use the full force of the law to protect our Curryoke brand. This blatant trade mark infringement was damaging our business and, more importantly, tarnishing our reputation. When Black and White 2 refused to deal with us on a reasonable basis we were left with no option but to pursue legal action.
“It’s important, too, that members of the public realise that there’s only one genuine ‘Curryoke’ operator in Glasgow – and we’re based at The Tall Ship by the SECC.”
Euan Duncan of McClure Naismith said, “We are very pleased the courts have recognised the rights of our client in this case. It is important for trade mark owners’ rights to be seen to be enforceable.”
Mr Bains has firm plans to expand the Curryoke and The Curry Karaoke Club brands throughout the UK, with new outlets earmarked for sites in Glasgow’s Merchant City, Edinburgh, Birmingham and Manchester.
For further information please contact Chan Bain tel 0141 248 1485
Issued on behalf of The Curry Karaoke Club by Liquorice Media tel 0141 564 8058
Date 7th March 08