Jurisdiction(s):
United Kingdom

Athleta v Sports Group Denmark [2024] EWHC 2449 (Ch): UK targeting and genuine use; low distinctiveness limits scope; word marks not confusing; device mark similarity infringes; passing off fails

Published on: 06 November 2024

Published by a LexisNexis IP expert

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Article summary

Athleta (ITM) Inc v Sports Group Denmark A/S and another [2024] EWHC 2449 (Ch) What are the practical implications of this case?

The ruling underlines a key principle: to rely on use of a trade mark displayed on non-UK websites, those sites must actively target UK consumers. Merely despatching goods bearing the marks into the UK via those websites is insufficient. The decision further demonstrates that, even where word marks are assessed as highly similar and the relevant goods/services are identical or similar, a likelihood of confusion may still be absent where the marks possess only a low level of distinctiveness. Conversely, infringement was established where the more distinctive device elements in one of the claimant’s marks and one of the defendant’s marks were also found to be similar. Overall, marks with a low degree of distinctive character are afforded a narrow scope of protection, which diminishes the prospects of enforcing those rights in infringement and passing off proceedings...

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