David Mason, owner of Nutters Savile Row, has won a landmark case against Crombie boss Alan Lewis over the use of the name Savile Row tailor Tommy Nutter. The High Court upheld the decision made by the UK Intellectual Property Office in February to revoke Lewis’s use of the name Tommy Nutter and award it to Nutters of Savile Row owner Mason.
Lewis lost the name due to non-use.
As reported by Drapers Lewis, who was ordered to pay costs of more than £3,000 in February, appealed against the decision last month arguing that he has kept the name in use.
However today (Monday November 11) the High Court ruled that the “minimal activity” of Crombie was a “token effort” rather than a genuine attempt to use the mark, and Crombie’s subsequent attempts to sell the rights it had registered to third parties did not give it the legal right to maintain the registration.
It also found that Crombie had no common-law rights in the name Tommy Nutter, concluding that Crombie did not have a relevant commercial connection.