Litigation Forthcoming Case 29/08/95

More than just the air that they breathe

Roger Pearson adds the name of 1960s band The Hollies to the growing list of copyright litigation

There seems little abatement in the tide of music industry litigation. And in the wake of other major copyright cases, members of 1960s chart-topping group The Hollies are heading for a High Court confrontation with a Rochdale management company.

They are seeking a court order banning Brian Gannon Management from linking the group's name with another set- up by their one-time bass guitarist Eric Haydock.

In an action taken in the name of The Hollies Ltd and current group members Anthony Hicks, Robert Ellis and Harold Clarke, the wheels are now in motion for a legal showdown.

The Hollies will be asking for a court order banning Brian Gannon Management from advertising, promoting or offering musical performances or recordings with reference to the name The Hollies and from passing off any musician as being or having been connected or associated with them.

Haydock, bass guitarist with The Hollies between 1962 and 1966, would not be banned from referring to his previous membership of the group but lawyers say the aim of the action is to prevent references to his indicating that the new group is connected with the original Hollies, who still record and perform in public.

Hollies Ltd and the three original group members also seek delivery or destruction of all packaging and other articles, documents and materials the use of which would constitute a breach of the injunction they are seeking.

In addition the members are seeking an inquiry into damages or an account of profits and payment of sums found due, plus interest.

Brian Eagles of London firm Hammond Suddards says no date has yet been fixed for a hearing of the case.