MORE than six years of behind-the-scenes legal wrangling ended this week with a victory for the Brewery Arts Centre.

A judge brought the curtain down on the theatrical row by awarding £3,500 costs to the Kendal arts organisation, and refusing to ban the Brewery from staging "from scratch" concerts.

District Judge Gordon Nuttall dismissed a claim that people could confuse the Brewery's "from scratch" shows, performed by members of the public after one day's rehearsal, with concerts at the Royal Albert Hall featuring internationally-renowned soloists.

Brewery director Anne Pierson was delighted, and said she hoped to stage a "from scratch" performance in the near future.

She said Brewery bosses had been tempted to stop fighting the case, but felt there was a principle at stake, and had been able to carry on through the support of the governors, in particular former governor and solicitor Stephen Read, and specialist solicitor Stuart Jackson.

In what was described as the first action of its type to be heard by a small claims court, Judge Nuttall refused to grant Bath-based Gander Music Ltd an injunction preventing the Brewery from using the phrase "from scratch" in connection with its performances.

Gander Music's solicitor, Jennifer Hambly, addressing the hearing at Lancaster County Court by a telephone conference call from Keynsham, near Bristol, said the Brewery had committed a "passing off" by using the term "from scratch" to describe some of their shows.

The law of "passing off" could be summarised as "no man may pass off his goods or services as those of another", she told the court.

Miss Hambly said Gander Music had organised and promoted public performances of choral works of music, usually at "very highly respected venues" such as the Royal Albert Hall, since 1974, using the phrase "from scratch" in the title.

Her client had invested considerable effort and time into the business, and had "acquired a considerable reputation with the concert-going audience", she said.

Miss Hambly claimed if other groups used the same titles, such as Messiah from Scratch, there was a danger that reputation could be damaged.

Director of the Brewery Anne Pierson told the court she first staged the Messiah from Scratch in December 1992, and other "from scratch" shows had subsequently been performed.

The soloists would be booked, and the rest of the singers were members of the public, who rehearsed and performed on the same day.

Miss Pierson said after the Gander Music action arose, the Brewery, which is a registered charity, had avoided using the term "from scratch", although she was "outraged" that words "in common usage should be annexed".

Judge Nuttall said one of the points he had to consider was whether there could be any confusion between Gander Music's shows and the Brewery's.

Giving judgement he said: "In the absence of any evidence by the claimant, I share her (Miss Pierson's) view, that there can be no question whatever of members of the public confusing the Brewery's events - vigorous and exciting as I'm sure that they are - with those put on by the claimant at such venues as the Royal Albert Hall with soloists of international renown."

After the case, Professor Don Monroe, the director of Gander Music Ltd, said: "I brought this action because the Brewery Arts Centre, in my opinion, unscrupulously used my brand name Messiah from Scratch.

"I am satisfied with the outcome of the hearing in that since the proceedings were issued in 1995, the Brewery ceased using "from scratch" and Messiah from Scratch."

Prof Monroe added he had now obtained a European trademark for the title Messiah from Scratch, which he said would prevent the Brewery from using that particular title.