Hard Rock Cafe to take local companies to task

Supreme Court ruling on a very simple procedure is stalling the trial of the multi-million lawsuit which Hard Rock Cafe, the American billion-dollar corporation has brought against four local companies for allegedly infringing its trademarks.

The Supreme Court is being asked to say how much the American company should pay as security for costs to pursue the case.

Judgment was reserved on April 4 this year in the summons for security of costs and the judgment is still pending and until it has been handed down the case cannot proceed to trial.

Hard Rock Ltd. along with five overseas companies have sued the local companies contending that because of their alleged infringements, it has been unable to sell franchise rights for Jamaica and the financial loss has amounted to US$750,000. They have accused the local companies of operating with standards of service and general presentation which were substantially lower than those associated with their restaurants and merchandise outlets.

The first defendant is Hardrock Ltd. which operates two establishments, Hard Rock Cafe Jamaica at Shop 20, Coconut Grove Shopping Centre, Ocho Rios, St. Ann and Hard Rock Cafe at Shop 32, Montego Bay Shopping Centre, Montego Freeport, Montego Bay, St. James. The second defendant Hardrock Cafe Factory Outlet Jamaica Ltd., operates three shops called Hard Rock Cafe Factory and Outlet which are gift shops located at Shop 20, Soni's Plaza, Main Street, Ocho Rios, St. Ann; Shop 2B, Taj-mahal Shopping Centre, Ocho Rios and Shop 28, Holiday Village Plaza, Coral Gardens, Montego Bay.

The third defendant Hard Rock Reggae Ltd., operates a jewellery and gift shop establishment at Shop 7 Sandcastles, 15 Main Street, Ocho Rios which bears the name Hard Rock Cafe. The fourth defendant, Herb Rock Cafe Ltd., operates Hard Rock Reggae Cafe and offers accommodation, food, drink, entertainment and souvenir T-Shirts.

The defendants have denied the plaintiffs' claims that they infringed their trademarks. The second, third and fourth defendants have filed a counter-claim naming the Registrar of Companies and the Attorney-General as defendants to the suit. The fourth defendant is contending that its name and trademark were lawfully approved by the Registrar of Companies and therefore the plaintiffs cannot recover damages for its name and trademark. It says further that any such issue would be a matter between the Registrar of Companies and the plaintiffs.

Barbara Gayle, staff reporter

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