A court has refused to issue a warrant of prohibitory injunction against Joseph Zahra - known as DJ Commander Jay - after it concluded that the applicant, Matthew Caruana, had no exclusive rights over the words "Boogie Night".

Mr Caruana filed his application in the First Hall of the Civil Court before Mr Justice Joseph Zammit McKeon.

He requested the court to prohibit Mr Zahra from using the words "Boogie Night" for the promotion of musical and dancing activities.

But Mr Zahra claimed that Mr Caruana held no exclusive rights over the words in issue.

The court pointed out that Mr Caruana had applied to register the words "Boogie Night" with the Controller of Industrial Property as a trademark for use in his entertainment activities.

Mr Caruana told the court that he had made use of the name "Boogie Nights" for some time, but Mr Zahra was organising a musical and dancing activity in Gozo on Saturday under the same name.

Mr Justice Zammit McKeon said that the Controller of Industrial Property had only accepted to register Mr Caruana's trademark on the understanding that registration gave no exclusive right to the use of the words "Boogie" and "Night" except as distinctively reproduced.

The use of the words "Boogie Nights" by Mr Zahra did not constitute unlawful competition against Mr Caruana.

Furthermore, Mr Zahra was advertising his proposed activity in Gozo with a logo that was totally different to that used by Mr Caruana.