A hospital poetry poster scheme promoted by Hyphen-21, a social service registered charity run by Rogan Wolf, adopted the title, Poems for the Waiting Room, which closely resembled the copyright and registered title of Poems in the Waiting Room. The close similarity of names has led to confusion. The confusion has been extensive and persistent, and has involved items in the national press, funding bodies, among poetry organisations and poets contributing work, as well as confusion in NHS organisations .
The prime examples include the misunderstanding of the Arts Council Chief Executive, in addressing a letter to Rogan Wolf as the Director of Poems in the Waiting Room at Poems in the Waiting Room's registered address. A more questionable instance was the posting on the Poetry Society's web site of Hyphen 21 poetry, supplemented by a pretence "More from Poems in the Waiting Room at - Hyphen 21 hypertext link."
The Hyphen 21 poetry scheme is funded virually wholly by the Arts Council. Legal advice obtained by Poems in the Waiting Room concluded that Hyphen 21's actions constitute unlawful competition in the form of passing-off and copyright infringement.
A joint meeting of trustees of the two charities was held on 4 August 2007. It was accepted common ground that Poems in the Waiting Room has prior claim and the copyright to its registered title. It was also common ground that the close resemblance of the poetry scheme title adopted by Hyphen-21 has caused confusion.
A formal agreement was reached between the trustees of two charities that Hyphen-21 will not in future use in any format the title Poems in the Waiting Room, or, by reason of its similarity and possible confusion use the title Poems for the Waiting Room. Hyphen 21 transferred any right or claim it may have to the copyright or the use of this title to Poems in the Waiting Room. For its part, Poems in the Waiting Room assigned copyright to various titles to Hyphen-21 for its exclusive use, but excluding any use of the title or term combining poem or poems with waiting room or rooms. Allegations against Hyphen-21, reflecting the legal advice received by Poems in the Waiting Room were withdrawn. It was also agreed, as a concession that recall of existing material was not necessary, while old stock may still be distributed with an agreed cover note stating that the title is out of date.
The agreement satisfactorily meets the concerns of Poems in the Waiting Room arising from the dispute to title, subject to its strict implementation by Hyphen 21 and by any agent or agents they employ.
Poems in the Waiting Room has made a formal offer to Hyphen 21 to draft a codicil to the August 2007 agreement that would provide Hyphen 21 or their agents greater scope for reference to their previous publications in fund raising and in launching new poetry posters. Further, a conventional application to use copyright material will be considered and approved where there is no risk of passing-off or confusion. Hyphen 21 has failed to respond.