Trade Mark Dispute Over Use of Own Name

The dispute between Robin Birley and Richard Caring over use of the “BIRLEY” name in relation to nightclub services had been widely reported in the UK press, citing that businessman Birley has been warned off using his own name in connection with an intended business by the aggressive business tactics of Mr Caring. The dispute, portrayed as a battle between “old money” and “brash upstart”, contains legal issues which may be rather more complex.

Background

Robin Birley is the son of the late Mark Birley, who founded and ran a number of well-known, upmarket clubs and restaurants in London including ...