Lifestyle Equities CV v Royal County of Berkshire Polo Club and others [2022] EWHC 1244 (Ch); [2022] FSR 22
This is one of many actions brought by these claimants for infringement of their registered trade marks for the mark BEVERLY HILLS POLO CLUB with a polo player logo and passing off. At the PTR for the trial (which took place in June 2022) the claimants applied to strike out large parts of the defendants’ evidence on the ground that it was expert evidence served without permission. The court (Mellor J) refused the application holding that the evidence was trade evidence of a kind long recognised as helpful in trade mark and passing off actions. He conducted an extensive and valuable review of the applicable jurisprudence.
Michael Silverleaf KC instructed by Maitland Walker represented the defendants