Clive Sutton's Lawsuit Against Manufacturer Over AC Cobra Name Ends in Defeat

author: FutureCar Staff    

Luxury and performance used car dealer Clive Sutton has lost its High Court case against AC Cars regarding the use of the AC Cobra name. Clive Sutton had challenged AC Cars' right to use the UK-registered AC Cobra trademark, claiming that it was invalid due to prior rights held by Ford Motor Company and non-use by AC Cars.

The dispute arose when Clive Sutton imported imitation models from the USA and advertised them as Cobras. However, AC Cars argued that these cars were recently manufactured in South Africa and then exported to the USA for engine installation. They were registered in the USA as kit cars, which is legal there. In the UK, however, cars must be registered in the year of manufacture, unless they are imported as historic vehicles.

During the High Court proceedings, AC Cars pointed out that Clive Sutton had advertised these imitation cars as 1965 Cobras from December 2021 to April 2022. AC Cars emphasized that it will continue to protect the authenticity of genuine AC-badged cars and the investment made by its customers.

Judge Richard Hacon dismissed Clive Sutton's case, ruling in favor of AC Cars. AC Cars expressed satisfaction with the judgment, stating that it validates their commitment to protecting their trademarks and intellectual property. They also mentioned their investment in developing new products, including the recently announced AC Cobra GT Roadster.

Clive Sutton's spokesman confirmed that Acedes Holdings and a subsidiary had withdrawn their claim of trademark infringement prior to the trial. The UK's Intellectual Property Office also found Acedes' UK-registered designs to be invalid. The spokesman highlighted that Clive Sutton remains the only authorized importer of continuation and replica Shelby Cobra cars in the UK, manufactured under license by Ford and Carroll Shelby Licensing.

AC Cars responded to Clive Sutton's comments by stating that their release was in accordance with the High Court judgment and declined to comment further. They advised Clive Sutton Ltd to contact their lawyers if necessary.

The AC Cobra GT Roadster, priced from £240,000, made its global premiere in London in April. AC Cars, established in 1901, is currently the oldest active vehicle manufacturer in Britain. The company's name, AC, originated from the Autocarrier, their first vehicle introduced in 1904.

This story was originally published at 8.29am and updated at 3.49pm with Clive Sutton's comments and AC Cars' response.

FutureCar Staff