Automobile Club De L’Ouest (Aco) v Omologato Ltd & Anor
Court: High Court (Intellectual Property Enterprise Court)
Decision date: 27 July 2026
Neutral citation: [2026] EWHC 2265 (IPEC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This case concerned alleged trade mark infringements by Omologato and its director Mr Kalra arising from use of LE MANS, LM and LMR on watches. The court found ACO’s LE MANS + device mark had reputation and acquired distinctiveness for motor-racing services in the UK, and that Omologato infringed ACO’s registered marks (sections 10(1), 10(2) and 10(3) claims largely succeeded). Mr Kalra was held jointly liable as the controlling mind with actual knowledge, and his LMR registration was declared invalid and to be expunged. Remedies and quantum were reserved.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
The court applied that reputation in a composite mark (words plus device) can extend to the words alone where the device merely emphasises the words and does not change their distinctive character; use of a sign exploiting an event’s prestige (ambush marketing) can breach the “honest practices” requirement; and a director who is the controlling mind with actual knowledge of the essential facts can be made jointly liable for the company’s trade mark infringement.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment noted, as obiter, that physical presence in the UK is not necessary to establish reputation where there is sufficient UK use or awareness, and that delay by a proprietor does not automatically bar a section 5/10 claim where early objections are evidenced — observations not treated as binding on the main liability findings.