Case No. EWHC-1798-(IPEC)

230.Mr Clarke’s evidence was that he registered the UK TM “simply to protect the name of the Rubettes”. During cross-examination he stated that it had been suggested to him (he did not say by whom) that registration of the mark would give his new band protection and that it would be necessary to have it in order to work. Mr Clarke accepted that it had never previously been necessary to have a trade mark and that there was no evidence of any third party threat (i.e. other than from the Claimants).231.Mr Clarke’s written evidence is: “At no time in the summer of 2018 or otherwise have I or any member of TRFJMS attempted to prevent TRFAW from performing any live performance in the UK, Europe or otherwise. This is despite being the registered owner of the UK trademark The Rubettes in Nice classes 9, 35 and 41. A copy of the UK trademark registration can be found at Exhibit MCI page 3.” This evidence is not consistent with subsequent events or with his oral evidence.232.Mr Clarke accepted under cross-examination that letters had been sent by him or on his behalf to venues which were working with the Claimants’ band or advertising future performances. Mr Clarke stated that he and the other Defendants were concerned that the Claimants’ band was using their image to advertise its performances. When Mr Smith asked whether the motivation for writing the letters was to stop the Claimants’ band, Mr Clarke disagreed, saying that the Defendants were happy for Mr Williams to continue to work; were trying to stop him from using their image; were simply trying to find some basis on which the Defendants could work; and would be happy if the Claimants simply changed their advertising.233.Only one such letter was available for review. It was disclosed by the Claimants. That letter is in email form. It is dated 15 May 2019 and appears to have been sent to SMG Europe Holdings Limited (‘SMG’) from an email account