Edwin Coe acted for the successful First to Third Defendants, including the Copyrights Group Limited and Greenwich Polo Club Inc., in a High Court trade mark infringement and passing off action in which judgment was handed down by the Honourable Mr Justice Marcus Smith on 10th May 2021. Edwin Coe’s team comprised Partner Simon Miles and Senior Associate Karen Lee. Edwin Coe instructed barristers Roger Wyand QC, and Andrew Norris QC, both of Hogarth Chambers.
The Claimants Lifestyle Equities CV and Lifestyle Equities BV (together “LE”) were the owner and licensee respectively of a number of EU and UK trade marks for the stylised “BEVERLY HILLS POLO CLUB” logo (“the BHPC Logo”) shown below:which was registered in relation a range of goods including in relation to textiles, watches and clothing.
Greenwich Polo Club Inc. owned a number of registered trade marks and /or licensed the use of trade marks which were referred to in the judgment as “Greenwich Signs 1 – 3″ as follows:
Following an analysis of the evidence, the Honourable Judge held that the Greenwich Signs are not similar to the BHPC Logo, and he found that the reasonably well informed and reasonably circumspect consumer could not be confused by the marks here in question. He went on to find that that there is no infringement under Article 9(2)(b) and Article 9(2) (c) of the EU Trade Mark Regulation / section 10(2) and 10(3) of the Trade Marks Act 1994. The passing off case fell with the Article 9(2)(b) case.
The Honourable Judge went on to consider the question of the joint and several liability of the other Defendants in the case, including an individual director of the Copyrights Group Limited. As the Copyrights Group was not liable for infringement, it followed that neither was the individual director, but the Judge did point out that on the evidence in the case, he would require some persuading that the limited activity of the Defendant rendered him liable as a joint tortfeasor.
The judgment itself should be available from today at https://www.bailii.org/.
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