You've read about it in the press, you've seen it reported on TV and you've heard it discussed on the radio. Well here it is from the horses mouth, the truth about what really happened when V2 Records tried to use the name Liberty for one of their 'bands'.
A Brief History Of Liberty
I suggest that you read the 'Liberty History' page first so that you can appreciate the position that Liberty were in when the name battle started. Once you've read it then click back to this page and carry on.
The Struggle
From June 2001, Liberty fought a battle the like of which they have never experienced. From the start, there was no signpost as to what course of action should be taken. Liberty soon found out there was no precedent to follow. The decisions were made on a day to day basis, some right, some wrong, some na�ve and some brave. Liberty knew they were morally right in what they were trying to do but once they initially entered the world of the High Court, they were fish out of water. Their arguments about the case morally meant nothing behind the High Court doors or in solicitors� offices or barrister�s chambers. Battles were won and lost along the way but war was won at the High Court in January 2002.
The Opening Shots, June - September 2001
Early in 2001, Richard Branson's record company V2 signed the 'losers' from the Popstars TV show and called them Liberty (the winners were Hear'say).
Liberty were first informed of V2�s Liberty by a national newspaper in June 2001. They immediately contacted Peter Whitehead of the Band Register. He had been conducting name searches for V2 and advised them not to use it as Liberty had pre-eminence over the name. It is custom in the industry to check here and accept their specialist advice. V2 chose to ignore his advice to them even though they had accepted it many times previously. Liberty were even listed in the Music Week Directory 2001 (the music industry bible).
�The Band Register supports the claim of Kevin and David's pre-existing band Liberty and abhors the taking of band names which are clearly known to be already in use. In this case the Band Register researched the matter thoroughly on behalf of V2 Records and advised that the name should not be used��They have done so cynically, expecting to get away with it in the hope that the pre-eminent band of that name will not dare bring an action against the mighty Branson�s record company.�
- Peter Whitehead, The Band Register (The Tip Sheet)
Liberty initially sent V2 a letter in June 2001 explaining the situation, politely asking them to change the name and wishing them the best of luck (before they manufactured any product or played any gigs). They refused. Many more letters were sent back and forth leaving them no option but litigation.
The Musicians Union refused to back Liberty's case because although they had been members since the 80�s a couple of V2�s Liberty had recently joined the MU. It is their policy not to represent one MU member against another. After years of paying subscriptions Liberty were furious.
Liberty crashed V2�s Liberty launch party in August 2001at the Kensington Roof Gardens. They handed out flyers and talked to arriving guests explaining the name taking situation. Liberty were abused by security staff who were searching guests to confiscate their literature. They were smuggled in by a music publication sympathetic to their cause (reported in Music Week).
Liberty started a media campaign against V2 and their band. Liberty featured on London Tonight news, BBC�s Liquid News and a special Liberty name debate programme on Radio One. They also received coverage in The Sun, The Evening Standard and other national and local press. Liberty distributed flyers and press releases and even asked supporters to reply to a newly opened email account: �[email protected]�
Liberty handed out flyers and talked to arriving guests about the name taking at the Mercury Music Awards, London in September 2001. V2 had an artist shortlisted and would have to attend.
Liberty had to go to the High Court in person to apply for a temporary injunction hearing to stop the release of V2�s first Liberty single.
Temporary Injunction Hearing - 27 September 2002
Their first venture to seek a temporary injunction to stop release of V2�s first single shows how isolated Liberty were. They contacted many top London solicitors but were told that they stood little chance of winning and even those prepared to take the case on wanted �4000+, in advance. One firm stalled for 3 weeks leading up to V2's debut single release and then informed Liberty that V2 were their clients and that there was a conflict of interest thereby wasting valuable time. As a result by the time Liberty got to court in September 2001 the single had already been released.
All the case papers at this stage were put together by legal secretary friends of Liberty. They did manage to secure a pro-bono Barrister just prior to the hearing but on the 26 September he informed Liberty that they would not win and if they drop the application then V2 would drop all costs to date. If Liberty ignored his advice he would not represent them the following day at the High Court. That night Liberty prepared to go it alone again. The barrister even sent his clerk to court the next day to talk them out of it.
At the temporary injunction hearing Liberty were litigants in person (they had no legal representation) and were not fully aware of the legal and cost implications of withdrawing the injunction. It was the band representing themselves against the best legal team Branson�s money could buy. Intimidated and unsure, at the last minute Liberty asked the judge for arbitration/mediation instead. Cost against them, �7,500. The judge did however set the date of January 2002 for a speedy trial. This was to prove a victory in itself.
The Battle Leading Up To The Permanent Injunction Trial
During Sept and October 2001, Liberty carried on putting paperwork together and visiting solicitors in the hope of securing legal representation.
In October 2001 their list of solicitors led them to Jens Hills and Co. They saw a major injustice and had the vision to believe that they might win and agreed to take the case on the new type of no-win no fee deal. They found a Lincolns Inn QC barrister who also saw the injustice and thought Liberty could win a passing off action, Charles Purle QC. Charles agreed to represent Liberty on the grounds that his costs would be sorted out later. They all had to win the case or the lawyers would whistle for their money and the band would be forced into bankruptcy. It was a price Liberty were willing to pay to preserve over 16 years hard work and to ensure a future for themselves.
This was a classic David & Goliath fight. Liberty were a band with limited funds up against the mighty Branson empire. Liberty�s new solicitors, Jens Hills & Co (a one solicitor firm with a team of dedicated legal assistants) were up against Branson�s legal representation Harbottle & Lewis (long established music solicitors in the country with a fearsome reputation).
Once Jens Hills & Co were onboard, Liberty visited leading counsel Vincent Nelson for merits of the case that would enable us to get insurance. This view was bleak. Liberty�s solicitors didn�t agree with this advice and said they were willing to pursue the case if Liberty wanted to. Liberty said �of course� and the solicitors tried various arguments out with their younger barrister Richard Southall, Jens eventually persuaded a long-standing QC friend, John McDonnell QC, to give a second QC opinion and he gave the long awaited top level view that Liberty had a �just case�.
Throughout November Liberty were frantically trying to get together minute details of their history to meet V2�s demand information. They also worked on different angles to the case based on other legal arguments. In the end, because Liberty had finally got solid advice on a passing off case, they let the more creative arguments go. Liberty didn�t need the case to be any more complicated than it had to be. This scrambling for a position cost though. Liberty got tight deadlines imposed on them and suffered a further couple of orders for costs, on for �2,352 in December 2001 and then another �4000 in early January 2002. These Liberty had to cover themselves, although Jens Hills helped out with a �1,000 contribution to one of the orders.
October 2001 leading up to the trial in January 2002 was a manic time of collecting every scrap of information that related to Liberty since the late 80�s, court hearings and dipursements of thousands of pounds payable by us. V2 and Harbottle & Lewis threw everything possible at Liberty but they persevered and made it to the trial.
Once V2 decided on the name �Liberty� they checked with Peter Whitehead of the Band Register about use of the name. Peter conducted a search on their behalf and reported back to them not to use it as we had the right to the name. V2 chose to ignore his advice. As the Justice Laddie closed his judgement with the following:
��carrying on with use of the name once they had learned of the existence of Liberty 1 involved taking a risk. This problem could have been avoided if a different name or a sufficiently modified version of the word �Liberty� had been adopted then.�
The High Court Trial January 2002
The trial took place over 4 days in January 2002. Liberty won the injunction to stop V2�s band using the name 'Liberty' and the Judge gave them 6 weeks to come up with a new name. V2 Records appealed the decision and the appeal hearing was set for November 2002.
In March 2002, at a V2 Records press conference, Richard Branson announced that the new name for their band would be 'Liberty X'.
In June 2002 V2 and Liberty X dropped the Appeal against Liberty and the matter is now concluded.
Further Reading
Legal Info page for full transcript of the Judgement and legal implications this test case leaves in it�s trail.
Media Coverage page for links to press articles during the case
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