Case No. EWHC-964-(IPEC)
Intellectual Property Enterprise Court

Case No. EWHC-964-(IPEC)

Fecha: 27-Abr-2022

Luv Injection

” in relation to a Jamaican sound system. The principal parties, the Claimant and the Second Defendant, are half brothers and, for convenience, I will refer to them as Ian and Winston. The First Defendant, Luv One Luv All Promotions Limited, is a promotion company controlled by Winston.Jamaican Sound Systems2.A Jamaican sound system (or “Sound” for short) consists of equipment for playing music and a group of members. Some members perform front of house. These include a person to select and play the music records and another person (the “mic-man”) who is on a microphone, entertaining and engaging with the audience. There are other members who play a more back stage role such as looking after and maintaining and running the equipment. 3.A Sound may perform at both public and private events, such as parties or dances. They may also perform in what are known as “clashes”. A clash is where rival Sounds compete with each other to see which, by popular acclaim at least, has put on the better show. For these clashes, a Sound will often use specially customised recordings, preferably by well-known artists and of well-known songs but using lyrics that have been re-written to praise (“toast” or “big up”) the excellence of that Sound and of its members or some of them. These recordings are referred to as dub plates. Luv Injection4.In around 1986, Ian and Winston and some others formed a under the name Luv Injection. At that time, Ian (whose stage name was “King Zukie” or “Zukie”) acted as a selector and/or as a mic-man for the group, whereas Winston (sometimes referred to as the “Mexican”) was more involved in the group’s administration and management, acting essentially as its manager, although on occasions he also performed a front of house role as a mic-man. There is a dispute as to the identities of the other members of the group, although it is agreed that they included Orville Higgins (usually called “Billy” or “Corporal Billy”) and Colin Little.5.Sadly, Ian and Winston fell out after an incident at a Luv Injection event in Oxford in July 2016. Their relationship deteriorated and they never again performed together as Luv Injection. It has already been determined in litigation between the parties that the split took place in October 2016 and, for present purposes, I do not need to comment further on its causes or on the attempts to resolve matters. However, after the split, Winston continued to perform as Luv Injection with a new group and there is evidence of that group performing at events in October, November and December 2016 and continuing thereafter. Subsequently, Ian also started to perform as Luv Injection with his own new group (including Billy and Mr Little). Their first public event was in Coventry on 26 August 2017. 6.In the pleadings, the original Luv Injection (which was dissolved by the split in October 2016) was referred to as “Luv Injection 1”, the new group involving Ian as “Luv Injection 2” and the new group involving Winston as “Luv Injection 3”. For convenience, I will do the same although, as set out above, Luv Injection 3 (Winston’s new group) was actually formed and was performing before Luv Injection 2 (Ian’s new group).