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Polo club trade mark infringement and passing off claim fails (Lifestyle Equities v The Copyrights Group)

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Published on: 11 May 2021

Published by a LexisNexis IP expert

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Article summary

IP analysis: Lifestyle Equities CV issued proceedings against The Copyrights Group, Greenwich Polo Club and various other entities in a supply chain for infringement of its BEVERLY HILLS figurative device mark. The mark in question comprised a rider swinging a polo mallet while riding a pony with the words BEVERLY HILLS. Greenwich Polo Club had licensed the use of its logo, comprising two riders with mallets on ponies and the words GREENWICH POLO CLUB, to The Copyrights Group to expand the brand globally. Mr Justice Marcus Smith found that the evidence showed use of the allegedly infringing sign in Greece, Cyprus and Bulgaria but not the UK. The signs were not similar, either in terms of the figurative elements or the distinctive words used to indicate the origin of the goods. As there was no infringement by those entitles lower down in the supply chain, Greenwich Polo club and The Copyrights Group were not infringing,...

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