Lifestyle Equities v Royal County of Berkshire Polo Club: appeal over polo logos fails
Lifestyle Equities CVvRoyal County of Berkshire Polo Club
- Court
- Court of Appeal
- Judgment
- 22 July 2024
- Citation
- [2024] EWCA Civ 814
In a crowded market of similar logos, your trademark may get a narrower scope of protection.
Lifestyle Equities, owner of the BEVERLY HILLS POLO CLUB trademarks, took on Royal County of Berkshire Polo Club over its horse-and-rider logo. The Court of Appeal sided with the polo club, finding no likelihood of confusion.
What happened
Lifestyle Equities, which owns the BEVERLY HILLS POLO CLUB trademarks, sued the operators of Royal County of Berkshire Polo Club for trademark infringement and passing off (using a similar enough logo or name to damage another business's reputation or trade). The dispute centred on a horse-and-rider polo logo used on clothing and other goods across the UK, EU and parts of South America. At trial, the judge found no likelihood of confusion between the two logos. A key reason was that many other polo-themed brands, including Ralph Lauren Polo and US Polo Association, use similar horse-and-rider imagery, which the judge found reduced how distinctive the claimants' own logo really was.
What did the court decide in Lifestyle Equities CV v Royal County of Berkshire Polo Club?
The Court of Appeal dismissed the appeal. It held that the trial judge was entitled, as a matter of law, to treat the existence of a crowded market of similar polo-themed logos as a factor reducing the distinctive character of the claimants' trademarks. The court also confirmed that coexistence agreements between brand owners, where rival trademark owners have previously agreed to operate alongside each other, could properly be taken into account as part of the overall factual picture when assessing confusion. Finding no error of law or principle in how the trial judge weighed up all the relevant factors, the Court of Appeal declined to interfere with the original decision.
What we learned from this
- What I'd take from this is that owning a trademark doesn't guarantee a wide zone of protection if your sector is full of similar-looking logos already.
- If several competitors use comparable imagery or wording, it's worth checking how that might narrow what a court will treat as distinctive about your own branding.
- Years of two businesses trading side by side with little or no real confusion can count against an infringement claim, even where the logos look alike on paper.
- Coexistence agreements with other brand owners can become part of the evidence a court weighs, so think about how any such agreement might read in a future dispute.
Things to be aware of
- This case turned on a market judged to be crowded with similar polo-themed logos. A less crowded sector might produce a very different outcome on confusion.
- The absence of real-world confusion evidence was significant here because the two businesses had coexisted for years. A newer dispute with less trading history may be assessed differently.
- The Court of Appeal was reviewing whether the trial judge made a legal error, not re-deciding the facts from scratch. That's a narrower test than many business owners expect from an appeal.
The businesses involved
Lifestyle Equities CV
Owner of the BEVERLY HILLS POLO CLUB trademarks and claimant in the infringement and passing off proceedings.
Royal County of Berkshire Polo Club Limited
UK company incorporated in 1985, registered office in London, still active and operating sports facilities. Runs a working polo club near Windsor, Berkshire, hosting tournaments including the Prince of Wales Trophy, and holds 13 UK trademarks on the UK trademark register.
- Companies House
- 01903088 Active
- Incorporated
- April 1985
- Registered office
- London
- Business activity
- Operation of sports facilities
- UK trademarks
- 13
What happened next
- Wikipedia describes the club as based near Windsor and home to the Prince of Wales tournament, one of the leading events in European polo.Source: En
- The club's own website describes itself as one of the leading polo clubs in Europe, hosting tournaments and related activities at its Berkshire venue.Source: Rcbpc
- A brand management listing states the club operates as a working polo venue that was opened by a member of the Royal Family.Source: Brandmanagement
How we can help
If something in this case sounds familiar, talk it through with us. The first call is free for new clients.
This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2024] EWCA Civ 814 on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 27 October 2026. Report an error.
