Mike Ashley appeal case confronts ‘unjust’ trademark claims
Billionaire businessman Mike Ashley‘s company, Sports Direct, is back before the court today as it seeks to challenge damages awarded in a trademark infringement claim.
The appeal follows a long-running dispute between Sports Direct and the Beverly Hills Polo Club brand, owned and managed by Lifestyle Equities, which claimed Sports Direct had infringed its trademark through products sold under the ‘Santa Monica Polo Club’ brand.
Ashley’s retail giant lost the infringement case in 2018 and is appealing against the damages costs it was ordered to pay, arguing it should be reduced as it alleges Beverly Hills Polo Club’s licences weren’t officially registered in the UK.
Sports Direct, known as Fraser’s Group as of 2019, said in its appeal that without proper public registration, an alleged infringer can be “suddenly confronted with a Trojan Horse full of licensees claiming damages” that they had no means of knowing about.
The company also claims that if a trademark owner can recover money for unregistered partners, it creates a “charter for unjust enrichment”, potentially opening the gateway to the owner collecting more than just their own financial losses.
The case was at the Court of Appeal on Tuesday, with a judgment imminent.
This comes after Morning Wire revealed law firm RPC lost one of its highest-billing lawyers, Jeremy Drew, who represents Ashley, after he left to join Taylor Wessing.
Mike Ashley’s empire
Ashley founded the company in 1982 and was chief executive until he stepped down in 2022, handing the role to son-in-law Michael Murray, while still owning a 70 per cent stake in the company.
Listed on the FTSE 250, the powerhouse firm also holds stakes in Flannels, House of Fraser, GAME, and Jack Wills, among other high street names.
In January, Ashley also secured a slice of FTSE 250 property company Grainger, the UK’s largest listed residential landlord, and in March, a stake in sports giant Puma, whilst already owning large stakes in Boohoo, Asos, and Hugo Boss.
Ashley is also widely known as the former owner of Newcastle United, which he sold in 2021 to a consortium led by the Public Investment Fund of Saudi Arabia for approximately £305bn, ending his 14-year tenure.