We Two Pty Ltd v Shorrock (2002)

We Two Pty Ltd v Shorrock (2002)
Court	Federal Court of Australia
Full case name	We Two Pty Ltd v Glenn Barrie Shorrock, Gerard Bertelkamp and Graehame Goble
Decided	12 July 2002 (2002-07-12)
Case history
Subsequent action	We Two Pty Ltd v Shorrock (No 2) (2005)
Court membership
Judge sitting	Raymond Finkelstein

We Two Pty Ltd v Shorrock (2002) was presided by Justice Raymond Finkelstein of the Federal Court of Australia, Melbourne to determine the ownership of the name, Little River Band, its trademarks, logos and associated assets. We Two Pty Ltd, the applicant, was established in 1987 and had been solely owned by Stephen Housden of the music group, Little River Band since 1998. The respondents, Glenn Shorrock, Gerard Bertelkamp (p.k.a. Beeb Birtles) and Graeham Goble, were all founding members of the same group, in 1975. Housden had joined them in 1981.

The case involved a counterclaim, The Little River Band Pty Ltd v We Two Pty Ltd, to remove the trademark due to lack of use and return it on the basis of prior ownership. The counter-claimant, The Little River Band Pty Ltd, was a holding company formed in 1975 by Goble and the group's then-talent manager Glenn Wheatley. Early in 2002 Birtles, Shorrock and Goble had formed a music trio, which performed variously as "The Original Little River Band" or "The Voices of Little River Band" and were managed by Wheatley. When Housden was informed he sought a legal injunction for the trio to cease and desist in the use of the name, Little River Band, which led to the court case.

Housden provided documentation to the court showing the assignment of the Little River Band trademarks to We Two, and Birtles' transfer of ownership of the url "littleriverband.com" to We Two in 2000. Housden also provided evidence of We Two's use of the trademark during the statutory period. On the second day of the case the cross-claimants The Little River Band Pty Ltd sought a settlement with We Two Pty Ltd. The terms of the settlement were provided to the judge. He was also asked to rule on any costs owing. Justice Finkelstein ruled that half the taxed costs of We Two Pty Ltd would be paid by the respondents.