In December 2020, world renowned country singer songwriter, Crimps, released his latest single ‘Bootlace.’ So far, the single has risen to number 7 in the UK charts. However, singer songwriter, Ferrule, has recently claimed that the musical bridge of Crimps’ single is the same as that in his platinum song ‘Aluminum.’ Ferrule claimed that Crimps has also used similar lyrics within the chorus. Crimps denies these claims and states the songs are completely different genres of music; ‘Bootlace’ is a country western song and ‘Aluminum’ is a dance anthem.
A UK retailer, Sole Store, have recently released a range of footwear featuring a photograph of Crimps on the side of the trainers. On the laces of the trainers, Sole Store have also printed the word ‘Bootlace.’ Crimps registered the word BOOTLACE as a trademark for ‘entertainment’ at the UK Intellectual Property Office. Crimps found out about this when he saw fans on his social media page wearing the shoes. Crimps is shocked that Sole Store did not request permission to use his image and song title. He feels that Sole Store are taking advantage of his recent success and that he should be entitled to a share of the profits.
Whilst experimenting musically in his studio, Crimps created a new instrument that can be played using his feet. It is a musical sound generation device, including a pressure sensor, which detects and logs pressure from the foot and converts this into sound. He revealed his new invention to his family and friends, who say this new instrument ‘will break the world of music as we know it.’ Crimps is now excited by the prospect of obtaining a patent for his invention.
Critically examine the following issues, making reference to both domestic and international intellectual property law where applicable:
Whether Crimps has infringed copyright law and what defences, if any, are available to him.
The legal actions available to Crimps against Sole Store.
The patentability of Crimps’ musical instrument.
