Clive Sutton's High Court Loss Over 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 in May 2022 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 prior rights claimed by Ford Motor Company and non-use by AC Cars. A claim of infringement by Acedes Holdings and a subsidiary was withdrawn just before the case went to court. AC Cars, based in Donington Park, 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 then registered in the USA as kit cars. However, UK rules require cars to be registered in the year of manufacture.

Clive Sutton sought to have the AC Cobra trademark removed from the trademarks 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 spokesperson for Clive Sutton stated that Acedes Holdings and a subsidiary withdrew a claim of trademark infringement just before the trial. The UK's Intellectual Property Office also ruled that Acedes' UK-registered designs were invalid. The spokesperson added that Clive Sutton remains the only authorized importer of continuation and replica Shelby Cobra cars in the UK, made under license by Ford and Carroll Shelby Licensing.

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 on 11th August and updated with comments from Clive Sutton and AC Cars.

FutureCar Staff