Elvis retailer's win leaves trademark law all shook up
Saturday 13 March 1999
Three Court of Appeal judges rejected a challenge by EPE, of Memphis, Tennessee, to an earlier court ruling in favour of Sid Shaw, who runs a memorabilia shop called Elvisly Yours.
Mr Shaw, whose shop in the Trocadero Centre in London'sPiccadilly Circus sells articles from watches to toiletries that bear the singer's name, won a ruling from a High Court judge in March 1997 that EPE did not have the sole right to Elvis Presley's name.
After that ruling EPE took their case to the Court of Appeal, challenging the decision by Mr Justice Laddie that a celebrity's name, whether they are living or dead, cannot be used as a trademark.
His ruling led to the rejection by the Trade Mark Registry of an application to register Diana, Princess of Wales.
At the Court of Appeal in London yesterday, Lords Justices Simon Brown, Morritt and Walker gave their decision in a case which lawyers say has "wide commercial importance in the trademark world".
Mr Shaw said that today's judgment "will have a far-reaching effect on all stars and celebrities living or dead".
EPE was refused leave to appeal to the House of Lords by the three judges, but it can still apply directly to the Law Lords themselves to hear the case.
A jubilant Mr Shaw said after the ruling: "I'm delighted. I've proved that Elvis belongs to all of us - Elvis is part of our history, part of our culture.
"They tried to put me out of business and they haven't succeeded. I'm still here."
In rejecting EPE's appeal, Lord Justice Brown said that there should be no "assumption that only a celebrity or his successors may ever market his own character".
Harry Potter actor suffered 'severe flu-like symptoms' on a flight from London to Orlando
Rap music mogul accused of running two men over in his truck
World cities ranked in terms of safety, food security and 'liveability'
First full-length look is finally here
"Oink! Oink! Hee hee hee!" First interview with the big-screen star
Biohacking group hopes technology will lead people to think about even more dystopian uses
The party's potential nominations read like a high school race for student body president
- 1 Saudi preacher who 'raped and tortured' his five -year-old daughter to death is released after paying 'blood money'
- 2 The awkward moment Sarah Palin raised $25,000 for Hillary Clinton's election campaign
- 3 Ball pool for adults opens in London
- 4 Amal Clooney gives excellent response to fashion question at European Court of Human Rights
- 5 Baldness could soon be treated using stem cells, scientists hope
Woman falls to her death as she celebrates marriage proposal at the edge of Ibiza cliff
Mia Khalifa: Pornhub star claims Drake sent her 'cringeworthy' naked photos on Instagram
Saudi preacher who 'raped and tortured' his five -year-old daughter to death is released after paying 'blood money'
The awkward moment Sarah Palin raised $25,000 for Hillary Clinton's election campaign
Ball pool for adults opens in London
9 reasons Greece's experiment with the radical left is doomed to failure
'We would evict Queen from Buckingham Palace and allocate her council house,' say Greens
Have we reached 'peak food'? Shortages loom as global production rates slow
Greece elections: Syriza and EU on collision course after election win for left-wing party
British grandmother Lindsay Sandiford faces execution by firing squad in Indonesia
Liberal Democrat minister defends comments suggesting immigration causes pub closures
£36000 per annum: Recruitment Genius: A Regional Gas Installation Manager is r...
£29000 - £31000 per annum: Recruitment Genius: A Domestic Gas Service and Brea...
Negotiable: Tradewind Recruitment: My client is a two form entry primary schoo...
Negotiable: Recruitment Genius: An opportunity has arisen for an Engineering M...