Campbell & Ors v Campbell & Ors, Ch Div (Judge Pelling QC), 21/3/16

The defendants’ application for summary judgment or to strike out a claim for passing off was refused. The claimants and defendants had all been members of the band UB40. A company, D, owned the copyrights and the UB40 name, and employed the band members. When D was liquidated, the defendants formed a new band and used the UB40 name, alleging that they had taken an assignment of the goodwill attached to the name from D’s liquidators. However, it was arguable that at some stage after D went into administration, and before the alleged assignment, D had abandoned its business. Any goodwill had thereby been extinguished, and could not be assigned.