Why long term creative collaborations need the right IP and brand protection
British glam rock band The Rubettes recently found itself at the centre of a high-profile legal battle over the rights to the band’s name. The dispute culminated in the European Union Intellectual Property Office (EUIPO) ruling in favour of the band’s lead singer, Alan Williams, by declaring the RUBETTES EU trade mark—registered by bassist Mike Clarke—invalid.
The mark, covering goods and services in classes (9, 35, and 41) which include “recorded content”, “promotional services”, and “entertainment”, was challenged by lead singer Williams on the basis of ‘bad faith’ (under Article 59(1)(b) of the EU Trade Mark Regulation). While ‘bad faith’ has no fixed legal definition, it generally refers to conduct that departs from accepted principles of honest commercial practice and ethical behaviour.
Williams argued that bassist Clarke had no legitimate claim to the RUBETTES name, having only performed with the band as a paid session musician. Williams supported his case with extensive documentation showing the band’s origins, success, and prior legal disputes which included a previous UK court decision which had already invalidated Clarke’s UK trade mark for “THE RUBETTES” on similar grounds.
In contrast, Clarke claimed he had been involved with the band since its inception and only registered the mark to enable the group to continue performing after Williams moved to Australia. However, the EUIPO found Clarke’s actions indicative of an attempt to “usurp” Williams’ established rights. Notably, Clarke had registered the mark unilaterally, without consultation, and later tried to prevent Williams from using the name—a move the EUIPO viewed as further evidence of bad faith.
The EUIPO concluded if Clarke’s intent was truly to maintain continuity, he could have registered a more transparent variation such as “The Rubettes featuring Mike Clarke”, aligning with how Williams performs as “The Rubettes featuring Alan Williams”.
Ultimately, the EUIPO upheld the invalidity claim in full, cancelling the RUBETTES mark across all covered goods and services—even those unrelated to the band’s core music activities. The case serves as a stark reminder of the complexities in intellectual property rights where longstanding collaborations are involved.
Whether you're a musician, band member, or creative professional, disputes like these show the importance of clear agreements and the strategic protection of your brand.
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