Clive Sutton's High Court Case Against Manufacturer's Use of AC Cobra Name Ends in Loss

author: FutureCar Staff    

Luxury and performance used car dealer Clive Sutton's High Court case against AC Cars over the AC Cobra name has been dismissed. The London-based dealership had brought a counterclaim action against Acedes Holdings LLC and AC Cars, challenging their right to use the UK-registered AC Cobra trademark.

The dispute originated from Acedes Holdings and AC Cars' claim in May 2022 that Clive Sutton had imported 'imitation' models from the USA in 2021 and 2022 and advertised them as Cobras. However, Clive Sutton refers to these models as continuation and replica cars.

Clive Sutton Ltd argued that AC Cars' trademark of the AC Cobra name was invalid due to Ford Motor Company's claimed prior rights and non-use by AC Cars. A claim of infringement by Acedes Holdings and a subsidiary was withdrawn before the case went to court.

AC Cars, based in Donington Park, stated that Clive Sutton had advertised imitation cars as 1965 Cobras from December 2021 to April 2022. These cars were actually recently manufactured cars made in South Africa with the bodies exported to the USA for engine installation. They were registered in the USA as kit cars in the corresponding year. However, UK rules require cars to be registered in the year of manufacture.

Judge Richard Hacon dismissed Clive Sutton's case to have the AC Cobra trademark removed from the register. AC Cars, as the legitimate owner of the brand in the UK, will continue to protect the authenticity of genuine AC-badged cars.

AC Cars' CEO, David Conza, expressed satisfaction with the judgment, stating that it vindicated their commitment to protecting their trademarks and intellectual property. He emphasized the importance of protecting their customers who own genuine AC Cobra cars and mentioned the development of new products, including the recently announced AC Cobra GT Roadster.

A spokesperson for Clive Sutton stated that Acedes Holdings and a subsidiary had withdrawn a claim of trademark infringement before the trial. The UK's Intellectual Property Office also ruled that Acedes' registered designs were invalid. Clive Sutton remains the only authorized importer of continuation and replica Shelby Cobra cars in the UK.

AC Cars responded to Car Dealer, stating that they would not comment on Clive Sutton's statements and advised Clive Sutton Ltd to contact their lawyers if needed.

The AC Cobra GT Roadster, priced from £240,000, made its global premiere in London in April.

AC Cars, established in 1901, is Britain's oldest active vehicle manufacturer. The company's first vehicle was produced in 1903, and the name AC was derived from the Autocarrier introduced a year later.

This story was originally published at 8.29am on August 11th and updated at 3.49pm on the same day with Clive Sutton's comments and AC Cars' response. It was further updated at 3.07pm on August 14th with additional information from Clive Sutton.

FutureCar Staff