Aston Martin pursuing appeal for trademark infringement

Aston Martin is bringing a claim for trademark infringement against London EV Company, a subsidiary of Zhejiang Geely Holding Group, in relation to its famous winged logo which is more than a century old. 

Three years ago, a tribunal at the Intellectual Property Office decided that London EV Company's logo did not infringe Aston Martin's trademark over its logo, reminding Aston Martin that both Mini and Bentley used winged logos of their vehicles. Now Aston Martin has filed an appeal.

London EV Company actually owns 18% of Aston Martin and so it will be interesting to see whether the claim progresses to a very public court hearing between the claimant and defendant.

What is a trademark infringement?

Aston Martin have registered their winged logo as a trademark, which means they are the only ones who are allowed to use that design on their products. In order to win their appeal, Aston will need to convince the Court that London EV Company's logo infringes their trademark.

To prove that a trademark has been infringed, the claimant has to prove that the defendant is using a sign or logo which:

1. is identical to the claimant's trademark, in the same area of business;
2. makes the public confused about which company's mark is being used; or
3. is identical or similar to an existing trademark, and is taking unfair advantage of, or harming the claimant's trademark by the infringement.

What can I claim if my trademark is infringed?

If you believe that your trademark has been infringed, you need to take action against a defendant as quickly as possible. You would need to send them a letter of claim, followed by court proceedings, if the defendant would not agree a settlement with you. 

If a claimant successfully proves in court that their trademark has been infringed, the defendant can be ordered to:

1. Pay damages to the claimant, or give the claimant an account of the profits the defendant has made as a result of infringing the claimant's trademark;
2. Destroy any goods carrying the mark which infringes the claimant's trademark; or
3. Pay legal costs to the claimant.

In addition, the court could issue an injunction against the defendant to stop them from infringing the claimant's trademark in future, as well as publishing the judgment against the defendant for all to see. 

Been accused of infringing someone else's trademark?

If you have received a letter of claim, or a cease and desist letter, alleging that you or your company has infringed a trademark belonging to someone else, what can you do to defend yourself?

If you believe that you are innocent, you will need to send a letter to the claimant or their solicitors refuting the claim. You can use several different grounds to defend a claim for trademark infringement, including:

1. The claimant is mistaken, and there has been no breach of the trademark at all;
2. Your mark is not identical or similar to the claimant's trademark;
3. Your mark or logo has existed for a significant period of time, which has co-existed with the claimant's trademark throughout that period;
4. The public could not be confused between your mark and the claimant's as you provide totally different goods or services to the claimant; 
5. There is some reason why the claimant's trademark is not valid; or
6. The claimant has not used their trademark for over 5 years.

You will need to take legal advice to confirm which of these grounds is most appropriate for you. 

Get legal advice about a trademark dispute

If you are involved in a dispute about a trademark, whether as a claimant or a defendant, our legal expert's will be able to provide you with the advice that you need. 

If you want to sue someone for using your trademark, you need to take legal action quickly. We can help you draft a cease and desist letter or a letter of claim, and to take the next steps, if you are unable to settle your claim. 

Contact us today to speak to one of our lawyers to find out how we can help.