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Zaha Hadid Architects must keep paying to use name, High Court says
Zaha Hadid Source:&nbsp Mary MacCartneyZaha Hadid Architects (ZHA) must continue paying to use the name of the late Zaha Hadid an obligation that has cost the practice 21.4 million since her death The AJ100 practices directors had sought a legal declaration that it should be able to give 12 months notice to terminate a contract with the Zaha Hadid Foundation, the charity set up in her name which promotes the late Iraqi-British architects work.Under an agreement between the practice (the company) and the Zaha Hadid Foundation, the practice must hand over 6 per cent of its income annually to use the trademark Zaha Hadid.In the latest battle between the foundation and the practice, lawyers for the companys directors had argued that the licensing agreement was unusual and unreasonable and a restraint on trade. At the same time, the practice told the court that Hadids name had diminishing significance, despite having significant value historically.AdvertisementDuring a short trial, practice director Charles Walker had told the court: The concern is the longevity of the business, whether it can sustain this in perpetuity. [It is like] somebody trying to swim with rocks in their pockets.[Although] a strong swimmer might be able to sustain that for a period of time [ eventually] the burden could become too much for the business.Handing down his decision last week, High Court justice Adam Johnson dismissed the practices case and said the agreement did not contain a provision enabling the company to end the licensing deal with the foundation.Referring to the practices 2023 turnover of 69.4 million, Johnson argued in his decision: It strikes me as rather counterintuitive to describe [the licensing agreement] as operating in restraint of trade. It looks more like an encouragement to trade.The decision also revealed that 21.4 million had been paid by ZHA to the foundation since 2018.AdvertisementPatrik Schumacher, Zaha Hadid Architects principal director and Hadids successor at the practice, could still set up another practice under a different name.The latest Companies House documents for ZHA, for the financial year ending 30 April 2023, show the AJ100 big-hitter breaking its annual turnover record for the second year in a row.The company(Zaha Hadid Ltd) posted global fee income of 69.4 million for the 12 months to 30 April 2023, up 1.3 million from 2022.Responding to the decision, lawyers representing the foundation, Joseph Hage Anderson, told the Financial Times that the decision would have the effect of upholding Dame Zahas intentions and vision for her foundation and its charitable purposes.Michael Anderson, a partner at the law firm, added: [Zaha Hadid Architects] has had a significant benefit from the use of Dame Zahas name, and it should pay for that benefit, as per the licensing agreement.The AJ has approached the practice for comment.2025-01-02Gino Spocchiacomment and share
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