A settlement was reached last week in the suit brought by Hard Rock Ltd., the American billion-dollar corporation against four local companies which were accused of infringing the trademarks and goodwill of the overseas company.
The local companies which operate in Ocho Rios, St. Ann, and Montego Bay, St. James have agreed to change their names on or before July 15. They have agreed not to use the words Hard Rock, Herb Rock or Hard Rock Cafe or any colourable imitation of the overseas company.
The consent order signed by Justice Carol Beswick before whom the case was set for hearing on Wednesday states also that the defendants are restrained from infringing the plaintiff's trade marks. They are also barred from attempting to pass off their businesses as that of the plaintiffs.
In the suit filed in the Supreme Court in 2000, Hard Rock Ltd. and five other overseas companies had brought the suit against the defendants, contending that because of the infringement they were unable to sell their franchise rights in Jamaica and had suffered financial loss of US$750,000. 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 premises is also offered for rent to promoters of stage shows, the plaintiffs contend.
The defendants have been ordered to serve on the plaintiffs' lawyers Sandra Minott-Phllips and Mallica Wong, of Myers Fletcher and Gordon, an affidavit verifying their compliance with the orders before July 26.
