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

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 AC Cars' right to use the UK-registered AC Cobra trademark. The dispute originated from Acedes Holdings and AC Cars' claim that Clive Sutton imported 'imitation' models from the USA 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 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 A claim of infringement by Acedes Holdings and a subsidiary was withdrawn before the case went to court.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 stated that from December 2021 to April 2022, Clive Sutton advertised imitation cars as 1965 Cobras, which were actually recently manufactured cars made in South Africa with bodies exported to the USA for engine installation. These cars were registered in the USA as kit cars, which is legal there. However, UK rules require cars to be registered in the year of manufacture.

Clive Sutton, supported by Carroll Shelby Licensing Inc and Superformance LLC, sought to have the AC Cobra trademark removed from the register, but the case was dismissed by Judge Richard Hacon. AC Cars, as the legitimate owner of the AC Cobra brand in the UK, will continue to protect the authenticity of genuine AC-badged cars and the investment made by its customers. AC Cars CEO David Conza expressed satisfaction with the judgment and emphasized the company's commitment to protecting its trademarks and intellectual property.

A spokesman for Clive Sutton stated that Acedes Holdings and a subsidiary withdrew a claim of trademark infringement just before the trial and failed to prove their successorship to AC Cars. Clive Sutton remains the only authorized importer of continuation and replica Shelby Cobra cars in the UK, which are made under license by Ford and Carroll Shelby Licensing. AC Cars responded by stating that it would not comment on statements made by Clive Sutton and advised Clive Sutton Ltd to contact their lawyers if needed.

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

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

FutureCar Staff