BONUS TRACK
What's in a name? Apparently a lot. Wishbone Ash got their name when the original band members wrote two lists of possible band names on separate pieces off paper, after which Martin Turner selected one word from each list - Wishbone and Ash. Andy Powell registered the name in 2000, which made him the sole owner of the name and gave him the power to stop other people from using it - including Martin Turner, who was the primary founder of the band! Powell's ownership of the name - and his unwillingness to share it - resulted in Turner having to perform under the name Martin Turner's Wishbone Ash, beginning in 2004, which I am certain annoyed him to no end. Eventually, lawyers got involved and this drama has been playing out in court rooms for years. Powell’s right to own the Wishbone Ash name was eventually upheld, but Turner sought to appeal the ruling and wanted Powell's original registration of the name to be declared invalid on the grounds that the name Wishbone Ash represented his life's work. He also, he said, “never willingly left” the band. Powell countered that he’d continued to use the name while Turner “left twice to pursue other interests, in 1987 and again in 1995″.
Judge Douglas Campbell, in finding in favour of Powell, said, “the Claimant (Powell) has since 1969 been a member of a large number of different band line-ups which have all traded as ‘Wishbone Ash’. The Defendant (Turner) has been a member of some of these lineups, including those which span the band’s most successful period of 1969 to 1981. The Defendant created the name ‘Wishbone Ash’, which the band used. I have found that by February 1998 the Claimant was the sole owner of the goodwill in the Wishbone Ash mark. The situation did not change thereafter.”
In effect, the ruling said Powell was Wishbone Ash, but it was almost immediately stayed so that Turner could appeal. And while Powell may own the name Wishbone Ash, Turner owns the website www.wishboneash.co.uk. Powell tried to wrest the domain from Turner in a totalitarian suit but failed.
Turner claimed that “Powell unilaterally registered Wishbone Ash in his own name only, without the knowledge of his Mark 1 and 2 band mates, keeping it secret even as they continued to work together … " The other Wishbone Ash Mark 1 and Wishbone Ash Mark 2 members - Martin Turner, Ted Turner, Steve Upton and Laurie Wisefield - also objected and a counter claim was filed in which they argued that the registration of the trademark should be shared by all band members.
Powell didn't even like Turner performing under the name Martin Turner's Wishbone Ash, and the legal firm representing him, Walker Morris, tried to sum everything up in a statement: “Martin Turner formed a band under the name Martin Turner’s Wishbone Ash in response to which Andy Powell brought trade mark infringement proceedings against him. Martin Turner denied infringement and sought to have the European wide trade mark registration in Wishbone Ash, which is owned by Andy Powell, to be declared invalid. His Honour Douglas Campbell dismissed Martin Turner’s counterclaim and declared both that Andy Powell’s European wide Community trade mark rights to be valid, and that such rights had been infringed by Martin Turner. The judge rejected Martin Turner’s assertion that his previous historical connection with the Wishbone Ash band provided him with a defence. Accordingly, the judge awarded Andy Powell an injunction restraining the future use of the name Martin Turner’s Wishbone Ash, which injunction will be suspended for a short time pending an appeal of the decision which Martin Turner has indicated he is contemplating. The judge also awarded Andy Powell more than £40,000 in costs and has ordered Martin Turner to deliver up all flyers, CD covers and other material which bears the name to which Andy Powell had objected. In addition, Martin Turner was ordered to submit to an enquiry as to what damages and/or unlawful profits were made through his use of the name.”
I don't think Turner and Powell are friends anymore.
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