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 own devices. The proprietors changedafter which, for a while, the plaintiff continued with the column. When she also contributed a piece to another newspaper under the ‘Aunt Naomi’ name, she was dismissed. She brought the action seeking, among other things, a declaration that she was entitled to the ‘Aunt Naomi’ name and also an injunction against the defendant, the new proprietor of The Jewish Chronicle, to restrain him from using the name.
Held: She was entitled to the declaration, but upon the defendant disclaiming any intention to use the name in the future, the court did not grant an injunction.
Judges:
Eve J
Citations:
[1908] 24 TLR 441
Jurisdiction:
England and Wales
Cited by:
Applied – 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 . .
Cited – Bhayani 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, . .
Cited – Forbes 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.572706
