Electric Penguins secure injunction against former band member

An acclaimed band has secured a temporary High Court injunction preventing a former member from making what is claimed to be false and untrue allegations that the band is involved in copyright theft.

Irish pop-art/electronic Electric Penguins, which consists of duo Paul Murphy and Mark Cummins, secured the orders against Sean Quinn who left the band in 2008.

The band claims that Mr Quinn has been contacting and making damaging allegations to people in the music industry that Electric Penguins have been involved in copyright theft and name mis-usage.

The injunction, which was granted on an ex parte (one side only) basis prevents Mr Quinn with an address The Lakelands, Rathfarnam, Dublin from making any further allegations of copyright theft, improper name usage, trademark infringement or passing off against the band.

Seeking the order, Willie Ryan BL for the band said his clients had serious concerns because Mr Quinn had made claims of copyright infringements which the band claims has cost them potential deals with big record labels.

Counsel said that the band fears that despite getting good press and plenty of airtime, it will not be able to survive if Mr Quinn continues to make what are untrue allegations.

Counsel said the band's solicitor made contact with Mr Quinn asking him to stop making what they say are false claims against the band, but say that he has refused to do so.

The band was set up in 2006 when it recorded its first album. Mr Quinn was a member of the band at that stage and the band received critical acclaim. It was also nominated for a Meteor Irish Music award.

Counsel said that differences arose with Mr Quinn and he left the band in early 2008. However Mr Quinn demanded that all his material be removed from the band's second album and that the band's name not be used.

The band removed any recordings by Mr Quinn but never agreed to change the name. In 2009 the band became aware that Mr Quinn had been sending out emails alleging that the band was infringing his copyright and was using the name Electric Penguins without permission.

Counsel said since leaving Mr Quinn has been making various false assertions and sending emails to those within the music business, including that the band has split. The band claims this has damaged them and caused confusion among their fans.

The also claim they nearly lost a contract to provide music to Channel 4 television after Mr Quinn informed the station that to use any of the band's music would be a breach of contract.

The matter was made returnable before the High Court early next week.