Wednesday 3 June, 2020

Battle over Harts Carnival brand intensifies

The battle over the Harts Carnival brand has intensified with a judge granting an interim injunction against the Hart’s family use of the name in any Carnival-related product.

In a statement posted to its social media today, Ultimate Harts Limited, the band owned by Tribe, said on July 8, the Court ruled  in their favour and granted interim orders preventing Aixa Hart, Daniel Bertie and/or Harts Revolution from using the name ‘Harts’ in relation to their Carnival band until further notice.

“No date has yet been fixed for the trial and determination of the action; the name “Harts” may therefore not be used in relation to their intended Carnival band until further order of the court,” the post said.

On April 26, 2019, an action was filed against Hart, Bertie and their newly–formed band in relation to the intended use of the brand name “Harts”. An application was also filed for interim relief seeking, among other things, an interim injunction to prevent them from using the name “Harts” in any format or design in relation to the promotion of any carnival band or from them publishing any reference to “Harts” in relation to their Carnival band.

In granting the interim injunction, Justice Devindra Rampersad considered several factors including the fact that the claimant has been operating the Harts Limited business since June 2015, as renamed, and has brought out bands from 2016 to 2019 inclusive under that mark and brand.

He said, on the other hand, the respondents had not brought out any bands until 2019 when they had a band without the name Harts in it.

“As such, the court is of the respectful view that there is a greater risk of prejudice to the claimant if an injunction is not granted should the claimant be successful at the trial. That ongoing business can be damaged especially if, at the trial, the court finds that the respondents were not entitled to bring out Carnival bands or have Carnival entertainment in the Harts name in whatever permutation,” he said.

 “On the other hand, the respondents are free to bring out their Carnival bands without the name "Harts" and so avoid giving any impression that their band is in some way affiliated with the Harts brand and mark,” the judge said.

The court matter stems from the Hart’s family decision to bring out their own band under their family name three years after they sold the band and brand to Tribe in 2015.

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