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Judge rules in battle of the ukulele orchestras Judge rules in battle of the ukulele orchestras
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A high court judge has ruled in an extraordinary copycat row between two rival ukulele orchestras.A high court judge has ruled in an extraordinary copycat row between two rival ukulele orchestras.
A band of veteran pluckers from London who have earned millions in a 30-year career, which has included sell-out concerts at the Royal Albert Hall and performances with Robbie Williams, claimed victory against a rival group launched in Germany with a remarkably similar name and act.A band of veteran pluckers from London who have earned millions in a 30-year career, which has included sell-out concerts at the Royal Albert Hall and performances with Robbie Williams, claimed victory against a rival group launched in Germany with a remarkably similar name and act.
Judge Hacon found the German promoter Erwin Clausen was guilty of passing off when he used the name UK Ukulele Orchestra (UKUO) for a band he put together in 2009 because fans might confuse it with the longer established Ukulele Orchestra of Great Britain (UKOGB). Judge Hacon found the German promoter Erwin Clausen was guilty of passing off when he used the name UK Ukulele Orchestra (UKUO) for a band he put together in 2009 because fans might confuse it with the longer established Ukulele Orchestra of Great Britain (UOGB).
The latter act has become a cultish British institution, playing at the Proms, Glastonbury and on Ant and Dec’s Saturday Night Takeaway. It has built a reputation around amusing and expertly played covers of Kate Bush’s Wuthering Heights and Nirvana’s Smells Like Teen Spirit, among other hits.The latter act has become a cultish British institution, playing at the Proms, Glastonbury and on Ant and Dec’s Saturday Night Takeaway. It has built a reputation around amusing and expertly played covers of Kate Bush’s Wuthering Heights and Nirvana’s Smells Like Teen Spirit, among other hits.
The judge ruled Clausen and his colleagues in Yellow Promotions “acted outside honest practices” when they set up their band and that some concert-goers find UKUO shows “to be of low quality” when compared to UKOGB. The judge ruled Clausen and his colleagues in Yellow Promotions “acted outside honest practices” when they set up their band and that some concert-goers find UKUO shows “to be of low quality” when compared to UOGB.
The verdict was greeted with delight by the first band’s founder George Hinchliffe, who set up the Ukulele Orchestra of Great Britain in 1985 and had complained fans had started booking seats at the wrong concerts.The verdict was greeted with delight by the first band’s founder George Hinchliffe, who set up the Ukulele Orchestra of Great Britain in 1985 and had complained fans had started booking seats at the wrong concerts.
The UKOGB sued Clausen when his act started to tour in Britain last year after a couple of years performing in Germany where the UKOGB was already popular. The similarities are striking. Both bands are kitted out in formal evening dress and normally consist of eight players, two women and six men, both play cover versions sitting in a line reading from music stands and both entertain the audience with comic asides between tunes that include songs by Abba, Talking Heads and David Bowie. None of that could be protected by copyright, the judge found, but the similarities in the name amounted to passing off. The UOGB sued Clausen when his act started to tour in Britain last year after a couple of years performing in Germany where the UOGB was already popular. The similarities are striking. Both bands are kitted out in formal evening dress and normally consist of eight players, two women and six men, both play cover versions sitting in a line reading from music stands and both entertain the audience with comic asides between tunes that include songs by Abba, Talking Heads and David Bowie. None of that could be protected by copyright, the judge found, but the similarities in the name amounted to passing off.
“I am absolutely delighted with this judgment,” said Hinchliffe. “We have worked hard for 30 years to create a unique show and the court has now recognised that copycat musical performances cannot trade off the reputation of established groups. The United Kingdom Ukulele Orchestra cannot come to Britain again and sell tickets to people who are led to believe they are coming to see The Ukulele Orchestra of Great Britain.”“I am absolutely delighted with this judgment,” said Hinchliffe. “We have worked hard for 30 years to create a unique show and the court has now recognised that copycat musical performances cannot trade off the reputation of established groups. The United Kingdom Ukulele Orchestra cannot come to Britain again and sell tickets to people who are led to believe they are coming to see The Ukulele Orchestra of Great Britain.”
But Clausen also claimed the verdict as a victory for his band, because the judge also ruled that they were not guilty of copyright infringement or trademark infringement, which Clausen said meant they could continue to perform in Europe and the US under the same name and with the same act.But Clausen also claimed the verdict as a victory for his band, because the judge also ruled that they were not guilty of copyright infringement or trademark infringement, which Clausen said meant they could continue to perform in Europe and the US under the same name and with the same act.
Judge Hacon ruled that the name of Clausen’s act “misrepresents to a substantial proportion of the public in this country who recognise The Ukulele Orchestra of Great Britain as the trade name of a particular musical group, that the UKOGB and UKUO are the same group”. He said it had caused damage to the original act’s goodwill and a “loss of control” over their reputation as performers. Judge Hacon ruled that the name of Clausen’s act “misrepresents to a substantial proportion of the public in this country who recognise The Ukulele Orchestra of Great Britain as the trade name of a particular musical group, that the UOGB and UKUO are the same group”. He said it had caused damage to the original act’s goodwill and a “loss of control” over their reputation as performers.
He said Clausen and his colleagues must have known their choice of name would mean “very much the same thing as ‘The Ukulele Orchestra of Great Britain’, not least in Germany where UKUO was to be based”. The judge found that Clausen knew about the other band from an early stage and must have known their style of dress and nature of their performances were similar.He said Clausen and his colleagues must have known their choice of name would mean “very much the same thing as ‘The Ukulele Orchestra of Great Britain’, not least in Germany where UKUO was to be based”. The judge found that Clausen knew about the other band from an early stage and must have known their style of dress and nature of their performances were similar.
In 2013 and 2014 the Germany-based band received reviews in the German press which said they were “a damn good copy” of the British act and that the German act had been “put together in order to have a share in the success” of their rival. By that point UKOGB had achieved international acclaim performing at the Sydney Opera House and Carnegie Hall in New York and selling out venues across Japan. In 2013 and 2014 the Germany-based band received reviews in the German press which said they were “a damn good copy” of the British act and that the German act had been “put together in order to have a share in the success” of their rival. By that point UOGB had achieved international acclaim performing at the Sydney Opera House and Carnegie Hall in New York and selling out venues across Japan.
Related: The Ukulele Orchestra of Great Britain: strings attachedRelated: The Ukulele Orchestra of Great Britain: strings attached
The court heard from two ukulele fans who had gone to the wrong concerts. Philip Potter bought tickets to a UKUO concert in Rhyl last autumn thinking it was the UKOGB, which he and his wife enjoyed watching on YouTube. They went to the gig, but didn’t like it as much and said that had they realised, they wouldn’t have bought the tickets. In Luxembourg, the British ambassador mistakenly tried to book the UKOGB to play at a tea party at his residence after he heard the UKUO were on tour in the duchy. On several occasions, ticket websites used text about UKOGB to promote their rival’s concerts. The court heard from two ukulele fans who had gone to the wrong concerts. Philip Potter bought tickets to a UKUO concert in Rhyl last autumn thinking it was the UOGB, which he and his wife enjoyed watching on YouTube. They went to the gig, but didn’t like it as much and said that had they realised, they wouldn’t have bought the tickets. In Luxembourg, the British ambassador mistakenly tried to book the UOGB to play at a tea party at his residence after he heard the UKUO were on tour in the duchy. On several occasions, ticket websites used text about UOGB to promote their rival’s concerts.
Clausen said the passing off ruling was “a pity” and that his band would no longer tour in England and Wales, at least under its existing name.Clausen said the passing off ruling was “a pity” and that his band would no longer tour in England and Wales, at least under its existing name.
“It was a mistake, as the judge said, but it was an honest mistake,” Clausen said. “Everybody has a right to make music. It should not have come to this.”“It was a mistake, as the judge said, but it was an honest mistake,” Clausen said. “Everybody has a right to make music. It should not have come to this.”