Lifestyle Equities C.V & anr (claimants/appellants) v Royal County of Berkshire Polo Club Ltd & ors (defendants/respondents)
Tuesday 9 July 2024
This is an appeal against the Order of Mellor J dated 3 November 2023.
In essence the action is concerned with whether a Polo sign which belongs to the First Defendant conflicts with a mark which belongs to the Claimants in a number of different territories, namely, the UK, the EU, Chile, Panama, Peru, Mexico and the UAE.
In a number of trade mark oppositions (and cancellation actions) around the world, the Claimant has persuaded trade mark tribunals that there is a likelihood of confusion between the mark and the sign. In most (if not all) of these cases, the relevant tribunal either did not receive evidence of the situation in the market or did not take account of it. The Claimants rely on these decisions as supporting a finding of a likelihood of confusion between the sign and the mark.
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