IPEC Finds Omologato Infringed Le Mans Watch Marks

The Intellectual Property Enterprise Court has ruled that watchmaker Omologato Ltd infringed trademarks belonging to the Automobile Club de l’Ouest, the body behind the 24 Hours of Le Mans race. In a July judgment, Deputy High Court Judge David Stone held that Omologato’s use of LE MANS, LM and LMR on its watches amounted to infringement under sections 10(1), 10(2) and 10(3) of the Trade Marks Act 1994. The court described the LE MANS use as a classic case of unfair free riding on the reputation of the well-known mark. The decision also invalidated a later LMR registration owned by an Omologato director, finding it too similar to an earlier ACO mark for identical or similar goods in Class 14. The case underscores the strength of protection available to marks with established repute when used on related merchandise.

Small businesses should monitor competitors’ filings and use of similar signs in adjacent sectors to avoid costly infringement claims.