A High Court judge yesterday struck down a lawsuit in which an entertainment company was seeking rights of the phrase "wine with no worries" under the copyright infringement laws.
Justice Frank Seepersad, in dismissing what is believed to be the first copyright infringement lawsuit to be heard in T&T, ruled that the phrase cannot attract copyright protection as they are common within local parlance and synonymous with Carnival.
Delivering the judgement in the San Fernando High Court yesterday, however, Seepersad applauded the unsuccessful claimants Full Blown Entertainment Company Ltd for bringing the action.
Saying that copyright laws were underutilised, he encouraged more artistes to bring similar actions and defend their intellectual property rights. 
The entertainment company, run by brothers Kevon and Kory Hart, brought the action against radio personality Devon Matthews, music producer Anson Soverall and Gem Radio Five Ltd over a song titled "No Worries." The claimants contended that the defendants recorded and released a song with similar lyrical content to their song.
 In coming to his decision, Seepersad considered the expert evidence of Grammy award winning music producer Dexter Simmons and Martin Raymond, a local professor with a master's degree in Carnival Studies.
Seepersad said: "Having carefully considered the law, the court is of the view there is and can be no original skill, labour or originality associated with the said words 'wine with no worries' and it cannot be said that the said words originated with the claimant. Variants of the said words have been used in many songs across genres of music and the said words are common within the local parlance and are synonymous with the revelry and gaiety of Carnival, which, after all, is the season to 'wine and abandon all worries'. Consequently, the Court is of the view that no originality can be attributed to the words "wine with no worries" as the phrase is not a unique expression which can attract copyright protection."
Saying the issues raised in the matter were serious, he said local artistes possess remarkable talent, creativity and competence but the raw talent has not been nurtured, harnessed or cultivated. He said intellectual property sensitisation and protection was paramount importance as artists have a level of protection.
"An appreciation and awareness of intellectual property matters can also serve to dissuade artistes from merely copying melodies and lyrics from Africa and India cognisant that such activity can be met by the institution, even across continents, of legal action. The unauthorised replication of artistes' recordings and the sales of DVDS on the street are glaring examples of intellectual property infringement by yet this type of violation continued, unabated."  
The judge said the laws were adequate but they were not being utilised. Urging stakeholders to defend their intellectual property rights, he said as in the instant case it is possible to have a matter instituted, litigated and determined within a year of the first hearing. The claimants were ordered to pay the defendants' costs.
Representing the claimants was attorney Rondell Donawa while attorneys Rachael Caesar and Reshma Ramsingh represented the defendants.