High Court - LOTUS Trade Mark And Passing Off
Group Lotus plc and another v 1Malaysia Racing Team SDN BHD and others, [2011] EWHC 1366 (Ch), Peter Smith J, 27 May 2011
The High Court has given its judgment in a case concerning trade mark infringement and validity, passing off and breach of contract relating to LOTUS trade marks.
Colin Chapman founded the Formula One Team Lotus in the 1950s, and then the car manufacturer Lotus Cars Ltd. The claimant was the car-manufacturing side of Lotus, and the defendant represented the Formula One racing side.
The factual history was complicated. The two sides had entered into agreements which provided for: the sharing of know-how, the use of various Lotus names, and the right to apply for new trade marks in line with their respective rights under the agreement. In December 2009...
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