Do you know your Bentley from your Bentley?

A High Court claim has been commenced by Brandlogic, which operates the clothing brand 'Bentley'. It has brought proceedings against Bentley Motors Limited, the British luxury car manufacturer, for trade mark infringement.

According to the UK Intellectual Property Office Brandlogic and its subsidiaries, one being Bentley 1962 Ltd, own three trade marks for clothing bearing the mark 'Bentley' ("the Marks") and argue that between them they hold the exclusive right in the UK to sell clothing bearing the Marks.

Bentley Motors sells, alongside its cars, clothing items such as jackets and motorsport wear bearing the word 'Bentley' which is clearly covered by the Marks. In 2015, Bentley Motors applied to the European Union Intellectual Property Office to register a trade mark for the word 'Bentley' for clothing. Brandlogic opposed the application, but that opposition is ongoing and has not yet finally been decided by the office.

In the new litigation Brandlogic is seeking an injunction to prevent Bentley Motors from selling branded clothing which infringes Brandlogic's registered trade marks. It also seeks destruction of all existing infringing goods.

This isn't the first intellectual property dispute the companies have been involved in: last year Bentley Motors attempted and failed to invalidate Bentley 1962 Limited's trade mark for the word 'BENTLEY' registered in 2009 for clothing, footwear and headgear.

Christopher Lees, a director of Brandlogic, commented that legal action has become necessary because Bentley Motors refused to engage in attempts to reach an amicable solution and have displayed a "dismissive attitude". In his statement, Lees went on to accuse Bentley Motors of managing the matter badly..

Bentley Motors also made a statement and said they have not been confused with any other brand in their business of selling clothes for over 30 years.

The matter is set to be heard in July 2019.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.