independent

Monday 21 April 2014

Manager of Stone Roses tribute act drops case that MCD imitated his band

A COURT action alleging that music promoters MCD had attempted to imitate a successful Stone Roses Tribute Band has been withdrawn.



Businessman and band manager Peter Lamb claimed that MCD and four musicians had in 2005 conspired together by passing off the successful tribute band "The Complete Stone Roses" which he had established with another band known as "The Stone Roses Experience."



The members of the new band had previously been members of one set up by Mr Lamb.



He sought damages on the grounds that the defendants had sought to undermine his business and reputation had acted breach of contract, and had unlawfully interfered with Mr Lamb's economic interests.



In his action, Mr Lamb of Netherwood Avenue Westfield Cumbernauld Scotland, and Pet Lamb Records Ltd, a company Mr Lamb set but was dissolved in 2010, sued MCD Productions Ltd.



He also sued musicians Craig France, Mark Gillespie, Alan Marshall and Brian Payne who were members of both 'The Stone Roses Experience' and 'The Complete Stone Roses.'



Mssrs Payne, Gillespie and France all have addresses in Glasgow, while Mr Marshall has an address at Sionhill, Blackrock, Co Dublin. No defence was put in against the claim by the band members, who were not represented or present in court.



However yesterday at the High Court, the action was withdrawn by Mr Lambe and his company after MCD, who denied all the claims against it, applied to have the case struck out.



Counsel for MCD Rossa Fanning Fanning argued the action should not be allowed proceed because the company has been defunct since 2010, something counsel said his client only became aware of yesterday morning.



From the start of the dispute of the dispute between the parties in late 2004 through to 2005, Counsel said, the correspondence MCD's lawyers received had clearly stated that action was being brought in the name the company Pet Lamb Records.



In addition Mr Lamb could not longer rely on contracts held with the musicians, which counsel said were contracts for the provision of services, as part of his claims against MCD. This was because the contracts were between some of the musicians and the company and not Mr Lamb counsel said.



Following an invitation by the Judge to discuss the matter with his client counsel for Mr Lamb, Alan Cormack Bl, said the case could be withdrawn and struck out.



In his opening Mr Cormack said his client established the successful Stone Roses tribute band 'The Complete Stone Roses' in the late 1990s. It performed all over Ireland and the UK. The line up of musicians changed.



His client had a number of agreements with MCD to perform certain gigs in Ireland and at music festivals, including Oxegen.



The dispute arose in late 2004 when MCD conspired with the other defendants to take over that band. Mr Lamb discovered that without any prior discussions with him the band were to play a gig promoted by MCD in Dublin on December 31st 2004.



That gig was cancelled. Mr Lamb, through his company Pet Lamb Records had written contracts some of the band members, which required them to give three months notice before they could quit. They were contracted until March 2005, but due to their differences were allowed leave in January 2005.



Mr Lamb said the musicians then formed a new band, managed by MCD in March 2005 called the Stone Roses Experience. Literature and promotional material for the new band said they had formerly been the Complete Stone Roses, which Mr Lamb claimed was attempt by MCD to pass off his band, and led to confusion among the public.



High Court proceedings ensued. Mr Lamb's continued to manage The Complete Stone Roses, while the Stone Roses Experience ceased performing about three years ago.



In its defence MCD said it had had promoted gigs of a new tribute band called the Stone Roses Experience set up by the former members of the The Complete Stone Roses after they left that entity in March 2005.

MCD were fully entitled to do that, counsel said.



Rejecting claims of passing off, counsel said that all that had been done was that literature and promotional material had said the members of the new band had previously been in the Complete Stone Roses, which was "factually correct."



Counsel said that the Mr Lamb's claim was akin to saying that Racing Metro Rugby Club were passing themselves off as Leinster by stating that their new out half had previous Heineken Cup experience, or that "Chelsea were Liverpool" by stating that Fernando Torres had previously played with the Merseyside Club.



The original Stone Roses reformed in 2011, the court heard.







Businessman and band manager Peter Lamb claimed that MCD and four musicians had in 2005 conspired together by passing off the successful tribute band "The Complete Stone Roses" which he had established with another band known as "The Stone Roses Experience."



The members of the new band had previously been members of one set up by Mr Lamb.



He sought damages on the grounds that the defendants had sought to undermine his business and reputation had acted breach of contract, and had unlawfully interfered with Mr Lamb's economic interests.



In his action, Mr Lamb of Netherwood Avenue Westfield Cumbernauld Scotland, and Pet Lamb Records Ltd, a company Mr Lamb set but was dissolved in 2010, sued MCD Productions Ltd.



He also sued musicians Craig France, Mark Gillespie, Alan Marshall and Brian Payne who were members of both 'The Stone Roses Experience' and 'The Complete Stone Roses.'



Mssrs Payne, Gillespie and France all have addresses in Glasgow, while Mr Marshall has an address at Sionhill, Blackrock, Co Dublin. No defence was put in against the claim by the band members, who were not represented or present in court.



However yesterday at the High Court, the action was withdrawn by Mr Lambe and his company after MCD, who denied all the claims against it, applied to have the case struck out.



Counsel for MCD Rossa Fanning Fanning argued the action should not be allowed proceed because the company has been defunct since 2010, something counsel said his client only became aware of yesterday morning.



From the start of the dispute of the dispute between the parties in late 2004 through to 2005, Counsel said, the correspondence MCD's lawyers received had clearly stated that action was being brought in the name the company Pet Lamb Records.



In addition Mr Lamb could not longer rely on contracts held with the musicians, which counsel said were contracts for the provision of services, as part of his claims against MCD. This was because the contracts were between some of the musicians and the company and not Mr Lamb counsel said.



Following an invitation by the Judge to discuss the matter with his client counsel for Mr Lamb, Alan Cormack Bl, said the case could be withdrawn and struck out.



In his opening Mr Cormack said his client established the successful Stone Roses tribute band 'The Complete Stone Roses' in the late 1990s. It performed all over Ireland and the UK. The line up of musicians changed.



His client had a number of agreements with MCD to perform certain gigs in Ireland and at music festivals, including Oxegen.



The dispute arose in late 2004 when MCD conspired with the other defendants to take over that band. Mr Lamb discovered that without any prior discussions with him the band were to play a gig promoted by MCD in Dublin on December 31st 2004.



That gig was cancelled. Mr Lamb, through his company Pet Lamb Records had written contracts some of the band members, which required them to give three months notice before they could quit. They were contracted until March 2005, but due to their differences were allowed leave in January 2005.



Mr Lamb said the musicians then formed a new band, managed by MCD in March 2005 called the Stone Roses Experience. Literature and promotional material for the new band said they had formerly been the Complete Stone Roses, which Mr Lamb claimed was attempt by MCD to pass off his band, and led to confusion among the public.



High Court proceedings ensued. Mr Lamb's continued to manage The Complete Stone Roses, while the Stone Roses Experience ceased performing about three years ago.



In its defence MCD said it had had promoted gigs of a new tribute band called the Stone Roses Experience set up by the former members of the The Complete Stone Roses after they left that entity in March 2005.

MCD were fully entitled to do that, counsel said.



Rejecting claims of passing off, counsel said that all that had been done was that literature and promotional material had said the members of the new band had previously been in the Complete Stone Roses, which was "factually correct."



Counsel said that the Mr Lamb's claim was akin to saying that Racing Metro Rugby Club were passing themselves off as Leinster by stating that their new out half had previous Heineken Cup experience, or that "Chelsea were Liverpool" by stating that Fernando Torres had previously played with the Merseyside Club.



The original Stone Roses reformed in 2011, the court heard.





Also in this Section

Classifieds

CarsIreland

Independent Shopping.ie

Meet, chat and connect with
singles in your area

Independent Shopping.ie

Meet Singles Now

Findajob

Apps

Now available on

Independent.ie on Twitter

More

Most Read

Daily Deals

Independent Gallery

Your photos

Send us your weather photos promo

Celebrity News