Mike Ashley’s retail empire has scored a notable courtroom victory after the Court of Appeal threw out a substantial damages award handed down in a protracted trademark infringement dispute, sparing the FTSE-listed group what could have proved a punishing financial blow.
The ruling brings to a head a long-running tussle between the Shirebrook-based discount sports chain, rebranded as Frasers Group in 2019, and Lifestyle Equities, the company that owns and licenses the Beverly Hills Polo Club marque. Lifestyle Equities had alleged that Ashley’s group infringed its trademark by flogging goods under the rival ‘Santa Monica Polo Club’ label, a claim it first lodged back in 2018.
Frasers had lost the underlying infringement case seven years ago but mounted a fresh challenge against the scale of damages it was ordered to stump up. At an appeal hearing in April, the retailer’s lawyers argued that the bill should be slashed because the third-party companies trading under the Beverly Hills Polo Club name, and on whose behalf Lifestyle Equities was attempting to recover losses, had never been officially registered as licensees in the United Kingdom.
The Court of Appeal duly sided with the high street giant, ruling that it was “too late” for Lifestyle Equities to retrospectively register the licences in question. With the original claim dating back to 2018 and the licensing arrangements stretching back nearly a decade, the court concluded that the additional claims “appear to be well out of time” and that allowing them through would amount to an “unprincipled windfall” for businesses that had not properly placed themselves on the public register.
Counsel for Frasers warned during the appeal that permitting such claims to succeed would expose accused infringers to ambush litigation, leaving defendants “suddenly confronted with a Trojan Horse full of licensees claiming damages” of whose existence they had no prior knowledge. Without strict adherence to public registration, the retailer’s legal team argued, the regime risked becoming “a charter of unjust enrichment”, allowing trademark owners to scoop up compensation for unregistered partners alongside their own losses.
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