Supreme Court rules on comedy venues vs TV show

The legal battle between the Glee comedy club and the TV series of the same name is to go through another round. And Brexit could have an impact on the result.

In February the Appeal Court upheld an earlier High Court ruling that Twentieth Century Fox  had infringed the venues' trademark, paving the way for club owner Mark Tughan to claim a cut of the TV profits, or even force the programme to change its name.

The broadcaster then escalated their case to the Supreme Court, which sought to have the decision overturned on three grounds, including a freedom of expression right to use the name Glee.

Yesterday the court rejected two of the three arguments but allowed Fox to appeal on a technicality as to whether UK’s legal framework was compatible with EU law. Britain allows the registration of a bundle of similar trademarks in one application to make the process simpler and cheaper, but Fox claims that introduces a level of uncertainty that goes against Brussels laws.

The three Appeal Court judges ruled unanimously in favour of Comic Enterprises Ltd, the company which owns the venues.But now the Supreme Court will re-examine that decision at a date yet to be set.

Tughan said yesterday: ‘So it seems I'll have my 11th and possibly 12th day in court on this dispute, in the highest court in the land.

‘There is even a possible Brexit angle here - if Fox were to persuade the Supreme Court of its arguments, we may be heading to the Court Of Justice of the EU. But by the time this happens, will we even be subject to its rulings? My personal Brexit silver lining!

‘Confidence remains high, he added. ‘Bring it on.’

Tughan runs  Glee Club venues in Birmingham, Nottingham, Oxford and Cardiff, and registered the name as a UK trademark in 1999, a decade before the TV show arrived.

Published: 9 Dec 2016