Trademark lawsuits are abundant in the fashion world as brands and
retailers alike scramble to protect their intellectual property anyway they
can. However, one of the latest cases to spring up in the UK is different
from the most run of the mill counterfeit or trademark lawsuits. UK
clothing brand Bentley, known for its sporting inspired lifestyle range,
has become the unwilling target of Bentley Motors, who is seeking to cancel
the former brand’s registered trademark in the UK.
According to Christopher Lees, who acquired Bentley from its founder Gerald
Bentley together with his father Bob in 1991, their clothing brand holds
the registered ‘Bentley’ trademarks for clothing in the UK and has ever
since the brand was founded in 1962. Bentley Motors, owned by Volkswagen,
launched its own clothing collection in 2005, which has led to an ongoing
dispute as to over the name and trademark for ‘Bentley.’ Now Bentley Motors
has applied to have the sportswear inspired clothing brand’s registered
trademarks cancelled, as it seeks to expanded its clothing arm.
“Despite knowing that, and that my brand was active, Bentley Motors began
to market clothing in a way that clearly infringed my trademarks,”
explained Lees to FashionUnited. He stressed that the motoring company went
as far to attach ticketing to their apparel in the UK which seemed to claim
ownership of the registered trademark, which has led to much confusion and
doubt among companies as to who had ownership of the trademark. Although
Lees has repeatedly tried to resolve Bentley Motors infringements, he
admits that taking legal action would be too costly for a small company
like Bentley Clothing.
Although the apparel brand used to be available in several hundred
stockists across the country and was sold in Fenwicks, the brand has
dwindled since its heydays of the 1990s and currently works with two
stockists and operates two concession stands. “In 2005, as a means to sort
their infringements amicably, we offered to license all our registered
trademarks for their use exclusively for 75,000 pounds a year,” added Lees.
“[Bentley Motors] declined the proposal, continued to infringe our
registered trademark on clothing, and said ‘The proposal was
unacceptable…as an unproven and unknown company, it was unrealistic for
Mr Lees to consider that [Bentley Motors] would accept the proposal’.”
According to Lees, Bentley Motors has strung him and Bentley Clothing alone
for years, requesting proposals and then rejecting them, stating they “do
not wish to encroach on any valid rights.” At the same time, Bentley Motors
has reportedly continued to infringe on Bentley Clothing trademark in the
UK by channelling their clothing sales through eBay UK. In order to help
differentiate the two brands, Lees applied to register the trademark
‘Bentley 1962’ for clothing in the UK. However, Bentley Motors opposed the
application, arguing that trademark would led the public into believing
1962 was a special year in their history.
“During the ongoing and contentious legal dispute against them, Bentley
Motors approached and employed my long-standing lawyers (Marks & Clerk, the
same Manchester office),” noted Lees, high lighting one of Bentley Motors
tactics against them. “This led to, potentially, a serious conflict of
interest and to my lawyers dropping me. Now, despite knowing that my
clothing brand is trading, they are attempting to cancel my trademarks. My
lawyers are very confident that will will win the case, but think Bentley
Motors may simply be attempting to exhaust our finances. They are,
gradually, killing-off my brand. Perhaps that is their intention.”
The Lees family filed a defence to the Intellectual Property Office last
month, stressing it owns the registered trademarks and continues to operate
the brand. The official hearing was held on November 6, leaving both
Bentley Clothing and Bentley Motors waiting to hear the courts decision,
which is expected in March 2016.