Mike Ashley’s retail empire has scored a notable courtroom victory after the Court of Appeal threw out a substantial damages award handed down in a protracted trademark infringement dispute, sparing the FTSE-listed group what could have proved a punishing financial blow.
The ruling brings to a head a long-running tussle between the Shirebrook-based discount sports chain, rebranded as Frasers Group in 2019, and Lifestyle Equities, the company that owns and licenses the Beverly Hills Polo Club marque. Lifestyle Equities had alleged that Ashley’s group infringed its trademark by flogging goods under the rival ‘Santa Monica Polo Club’ label, a claim it first lodged back in 2018.
Frasers had lost the underlying infringement case seven years ago but mounted a fresh challenge against the scale of damages it was ordered to stump up. At an appeal hearing in April, the retailer’s lawyers argued that the bill should be slashed because the third-party companies trading under the Beverly Hills Polo Club name, and on whose behalf Lifestyle Equities was attempting to recover losses, had never been officially registered as licensees in the United Kingdom.
The Court of Appeal duly sided with the high street giant, ruling that it was “too late” for Lifestyle Equities to retrospectively register the licences in question. With the original claim dating back to 2018 and the licensing arrangements stretching back nearly a decade, the court concluded that the additional claims “appear to be well out of time” and that allowing them through would amount to an “unprincipled windfall” for businesses that had not properly placed themselves on the public register.
Counsel for Frasers warned during the appeal that permitting such claims to succeed would expose accused infringers to ambush litigation, leaving defendants “suddenly confronted with a Trojan Horse full of licensees claiming damages” of whose existence they had no prior knowledge. Without strict adherence to public registration, the retailer’s legal team argued, the regime risked becoming “a charter of unjust enrichment”, allowing trademark owners to scoop up compensation for unregistered partners alongside their own losses.
The judgment represents a material win for Frasers, which has shrugged off a potentially eye-watering damages bill that, had it stood, would have set an awkward precedent for the wider retail sector. The decision is likely to be studied closely by intellectual property lawyers and brand owners alike, given the implications for how licensing arrangements must be formally documented to be enforceable in the British courts.
The legal win follows news first reported by City AM that the magic circle-adjacent law firm RPC has lost one of its highest-billing partners, Jeremy Drew, who represents Ashley personally, to Taylor Wessing.
The trademark victory comes hard on the heels of an extraordinary admission by Ashley, the man who founded Sports Direct in his native Burnham in 1982 and ran it as chief executive until handing the reins to son-in-law Michael Murray in 2022.
The 61-year-old billionaire has confirmed publicly for the first time that he engineered the downfall of his most prominent retail adversary, the former JD Sports executive chairman Peter Cowgill.
Cowgill stepped down from the FTSE 100 trainer chain in 2022 in the wake of a Competition and Markets Authority probe, triggered after leaked footage emerged of him in a clandestine car park meeting with Footasylum chief executive Barry Brown. The pair had been expressly barred from exchanging commercially sensitive information while JD Sports was attempting to acquire Footasylum, and the leaked footage led the CMA to impose fines of nearly £5m on the two businesses.
In an interview with the Financial Times last weekend, Ashley conceded that the footage had been obtained by one of his own employees and said he was “not hiding from the fact” that he was the architect of Cowgill’s removal, a candid acknowledgement that lifts the lid on one of the more colourful boardroom feuds in recent British retail history.
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Ashley’s Frasers group dodges hefty damages bill in trademark appeal victory