Bentley Motors (BM) has lost its appeal against the 2019 decision meaning the luxury car manufacturer can no longer use the mark BENTLEY, either by itself or with the wings logo, in respect of clothing in the UK (bar jackets, silk ties, caps and scarves).

Bentley Clothing (BC) has had a UK trade mark registration for the mark BENTLEY in respect of clothing since 1982. On becoming aware of the use of BENTLEY on clothing by BM, BC made BM aware of their earlier registered rights. The parties were involved in negotiations for a number of years but ultimately resulted in a High Court action in 2017 as the matter could not be resolved amicably. 

This case demonstrates that registering your trade mark can be absolutely vital to your brands protection. Also, it is not always the well-known brand will succeed - if you have valid earlier rights, they will prevail! 

And the BBC article demonstrates that they still can't work out the difference between trade marks and copyright...