August 2003
Score Scorns Scorch in Porno Legal Battle
In a recent judgment the High Court granted an interim injunction, applying until a final decision in the case is made, to prevent porn publisher Goldstar Publications Ltd from publishing a top shelf magazine called Scorch. The title of the magazine was seen as being similar to 'Score', a similar magazine from the applicant in the case, publisher Quad International Incorporated.
The judge found that the titles of the magazines were obviously similar, leading to a serious possibility that there had been a breach of trade mark, or that Goldstar Publications were attempting to pass off Scorch as Score. As the loss to Quad would have been difficult to quantify if the injunction was not awarded, and as any loss to Goldstar would have been easier to quantify, the judge decided to suspend publication of Scorch until the conclusion of proceedings.
Briffa Comment
Interim injunctions are obtained at a hearing before the trial. They are designed to prevent losses that can occur as a case progresses through the courts and which cannot be compensated for in monetary terms following trial.
Trade marks are infringed where an identical mark is used for identical goods, or possibly where a similar mark is used for either identical or similar goods. A product will fall foul of passing off laws if it causes confusion to the consumer as to the origin of the goods and as a result causes damage or takes unfair advantage of an established product.