St Ann kite festival dispute

Friends of St Ann Company Limited has been barred by a Supreme Court order from continuing to use the name “St Ann Kite Festival” to host its events on Easter Mondays.

Justice Evan Brown granted the order following a claim brought by St Ann Kite Festival Limited contending that the defendant was not entitled to use the name to promote kite festivals or events and should be restrained.

The judge, in granting a permanent injunction last month, also ordered that damages must be assessed in favour of the claimant.

The claimant stated in court documents filed in 2014 that the defendant had been using its name to promote events similar to that which it was promoting for its kite festival on Easter Mondays.

It contended that as a consequence of the defendant's conduct, it suffered loss and damages.

Attorney-at-law Obiko Gordon, instructed by the law firm Frater, Ennis & Gordon, who represents the claimant, said today that his client was happy with the outcome.

Gordon said he was now taking steps to have damages assessed in accordance with the judge's ruling.

Testimony

Lascelles Gary Green, managing director of the claimant company, testified that the inaugural festival was held either in 2003 or in 2004 and has since become a well-known event with widespread goodwill throughout Jamaica and among a number of persons abroad.

The claimant stated that this goodwill and indeed the reputation of the event are of vital importance to the company and if not protected, could destroy it and undermine the credibility of the original St Ann Kite Festival.

It was further stated that the claimant became aware in February 2014 that the defendant had commenced advertising and promoting an event named the St Ann Kite Festival which was to take place on the same day as its event.

Green said he received calls from persons who were unable to determine which of the two festivals was associated with his company.

Ruling

The judge found that the only difference in the promotion of the defendant's event and the claimant's event was the name of the venue.

“The posters admitted into evidence make it clear that the defendant advertised and promoted the event as though it was the event which the claimant had been hosting undisturbed since 2009,” the judge said.

The judge found that the ultimate aim of the defendant was the erosion of the claimant's goodwill in the name St Ann Kite Festival.

The judge ordered that damages must be assessed or an account of profits be conducted by the Registrar of the Supreme Court together with interest at the rate of six percent upon the sum found to be due from April 21, 2014, until August 31, 2021.

The defendant is to pay costs to the claimant, to be taxed if not agreed.

The defendant, which was represented by attorney-at-law Garnett Spencer, instructed by the law firm Robinson Phillips & Whitehorne, in its defence had denied that it had passed off or attempted to pass off its event as the claimant's event.

- Barbara Gayle

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