Hines v Winnick: ChD 1947

The defendant had been taken on by the plaintiff to conduct and play in an orchestra. The orchestra played in a radio show called Ignorance is Bliss, broadcast by the BBC. In this show the plaintiff used the name ‘Dr Crock’ as the leader of ‘Dr Crock and his Crackpots’. The defendant sought to replace the plaintiff with another musician to conduct and play as ‘Dr Crock’ in the plaintiff’s stead.
Held: Referring to Landa v Greenberg; the Judge said that he saw no relevant difference between the two sets of facts and granted an injunction to restrain the defendant from using the name ‘Dr Crock’.

Judges:

Vaisey J

Citations:

[1947] Ch 708

Jurisdiction:

England and Wales

Citing:

AppliedLanda v Greenberg ChD 1908
The plaintiff journalist had contributed a weekly column for children to The Jewish Chronicle under the name ‘Aunt Naomi’. She had no contract of employment. The Chriicle sometimes made suggestions for the column, but generally she was left to her . .

Cited by:

CitedBhayani and Another v Taylor Bracewell Llp IPEC 22-Dec-2016
Distinction between reputation and goodwill
The claimant had practised independently as an employment solicitor. For a period, she was a partner with the defendant firm practising under the name ‘Bhayani Bracewell’. Having departed the firm, she now objected to the continued use of her name, . .
CitedForbes v Kemsley Newspapers Ltd ChD 1951
The plaintiff was employed by the defendant for over four years to write weekly articles in the Sunday Times and other papers owned by the defendant. She wrote under the name ‘Mary Delane’, which was chosen for her by the defendant. Following . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 13 April 2022; Ref: scu.572707