The High Court has dismissed a claim for infringement of certain registered trade marks, passing off and conspiracy to injure by unlawful means, and ordered the revocation of the defendants’ marks to the extent that they admitted non-use.

The case was brought by Beverley Hills Polo Club (top logo) against the Royal Berkshire Polo Club (bottom logo).

The claimants alleged infringement under section 10(2) and 10(3) of the Trade Marks Act 1994, arising from the defendants’ use of various logos consisting of the words “Royal Country of Berkshire Polo Club” and a depiction of a polo rider on a horse. They also alleged passing off and unlawful means conspiracy.

In short, their claim was that the logo was the same or similar that it would be confusing for the general public.

The weak point of the claimant’s case was that there are lots of brands for clothing and accessories that are polo club-themed. That means that consumers are less likely to assume that a connection between two brands just because they both contain the words “polo club” and a picture of a polo player on horseback. As the judge commented, it is a “crowded market”. In such circumstances, the mark will be deemed less distinctive and evidence of actual confusion is likely to be required.

The claims for infringement, passing off and unlawful means conspiracy were dismissed. The defendants’ trade mark registrations however were to be revoked to the extent that they had admitted non-use.

So basically, it was an entirely pointless litigation. The Claimants lost, but the defendants had their trade marks removed anyway as it was not being used by them.