NIPC Law

Jane Lambert Court of Appeal (Lord Justices Lewison and Arnold and Mr Justice Marcus Smith) Bentley Motors Limited v Bentley 1962 Limited and another [2020] EWCA Civ 1726 (16 Dec2020) This was an appeal by Bentley Motors Limited against Judge Hacon's decision in Bentley 1962 Ltd and another v Bentley Motors Ltd [2019] EWHC 2925 (Ch) (1 Nov 2019) which I discussed in Trade Marks - Bentley 1962 Ltd and another v Bentley Motors Ltd.   on 3 Nov 2019.  In that decision, the learned judge held that Bentley Motors had infringed trade mark numbers  1180215 ,    2177779A  and  2505233  by marketing and distributing clothing and headgear with the word "BENTLEY" in combination with the motor company's winged "B" emblem. The above picture is an example of the use of the combination to which the claimants objected. Grounds of Appeal Bentley Motors' grounds of appeal were as follows.  First, the judge had been wrong to hold that the average consumer of...

Jane Lambert Chancery Division (HH Judge Hacon)  Bentley 1962 Ltd and another v Bentley Motors Ltd [2019] EWHC 2925 (Ch) (1 Nov 2019) This was a claim for trade mark infringement against the well-known luxury car manufacturer, Bentley Motors Ltd.  The first claimant is the registered proprietor of UK trade mark numbers, 1180215 (the "lozenge mark"),  2177779A (the "series mark") and  2505233  (the "word mark"). The second defendant is its exclusive licensee,  They alleged that Bentley Motors had infringed those trade marks by selling clothing under the following sign ("the combination sign"). The action came on for trial before His Honour Judge Hacon sitting as a judge of the High Court.  The judge tried the action between 2 and 5 July 2019 and delivered judgment on 1 Nov 2019 (see  Bentley 1962 Ltd and another v Bentley Motors Ltd  [2019] EWHC 2925 (Ch) (1 Nov 2019)).   At paragraph [165] of his judgment, ...