More often than not, the superior financial resources of a proposed opponent deters many aggrieved prospective Claimants from pursuing their rights through the civil courts.
Stuart Southall of Kangs Solicitors considers the case of Bentley 1962 Limited & Another v Bentley Motors Limited  EWHC 2925 (Ch) where the Claimant, Bentley 1962 Limited (‘the Claimant’), far from being deterred, took the fight to Bentley Motors Limited (‘the Defendant’).
The Circumstances | Kangs Dispute Resolution Solicitors
- The Claimant is a family business which sells clothes under its trademark ‘Bentley’ (‘the Bentley Mark’) which it has owned since 1998.
- The Bentley Mark comprises:
- a series Mark (2177779A) under Class 25 covering, amongst other items, ‘clothing, headgear, articles of knitted clothing, knitwear, jumpers, shirts, sweatshirts, polo shirts, articles of clothing for casual wear, hats, scarves and gloves’.
- a semi stylised Mark (1180215) under Class 25 covering ‘articles of knitted clothing, shirts and waistcoats.
- a WORD mark (2505233) limited to ‘clothing and headgear’.
- Marks 2177779A and 2505233 have been registered since September and December 2008 respectively and Mark 1180215 has been registered since 1982.
- The dispute centred around a ‘combination Mark’ (‘the combination Mark’) requiring an examination of its elements in order to apply the test required for infringement pursuant to Section 10(1) Trade Marks Act 1994.
- the Claimant complained of the use by the Defendant of the combination Mark on clothing and headgear.
The Outcome | Kangs Trademark Litigation Solicitors
- At the Hearing, the Judge took the view that up to 2014 the Defendant had construed the combination Mark not to be one Mark outright but as two separate Marks used together to create an impression.
- Whilst the Court acknowledged that there were some issues with papers relied upon by the Claimant in the proceedings, it nevertheless found that the Defendant had infringed the Claimant’s Intellectual Property Rights.
How Can We Assist? | Kangs Intellectual Property Litigation Solicitors
This case highlights the fact that properly registered Intellectual Property (where it is capable of being registered) is an incredibly important asset to any business.
It is important to ensure that all steps taken relating to such Intellectual Property receive proper expert attention that can be provided by experienced lawyers.
Our Intellectual Property Team is regularly instructed in relation to matters concerning trademarks, copyright, patents, registered designs as well as acting in disputes concerning theft of copyright, patent infringement, disclosure of confidential information and database, breach of copyright and passing off.
If you require any assistance involving any aspect of Intellectual Property, please do not hesitate to speak to our Team who will be happy to assist: