Chukka-ed Out!

Lifestyle Equities v Copyrights Group and Others [2021] EWCA 1212

Greenwich Polo Club has been using various logos consisting of a polo player on a pony with a mallet with the text “Greenwich Polo Club” in its merchandising around the world for years. Lifestyle Equities alleged that use of these logos infringed several of their marks. These allegations were also made against 7 others involved in the commercial chain, ranging from a company director of the UK agent and the Cypriot sale agent. Mr.Justice Marcus Smith dismissed all those claims today, holding that the marks were insufficiently similar, there was no likelihood of confusion and no link likely to be created in the mind of the consumer. Lots of brands and club use a polo horse and rider with text designating the brand or club. Here, the text “Greenwich Polo Club” clearly designated a club that was different to “Beverly Hills”. The Judge also criticised the excessive width of the claim being advanced.

Roger Wyand QC and Andrew Norris QC (instructed by Edwin Coe) represented the Defendants and Tom St Quintin and Ben Longstaff represented the Claimants.