Athleta (ITM) INC. v Sports Group Denmark A/S & Anor

Athleta (ITM) INC. v Sports Group Denmark A/S & Anor

The Court of Appeal held that the judge erred in finding that the placement of the roundel in the First ATHLECIA Combination precluded infringement of the ATHLETA Combination Mark, as the difference was not material to the likelihood of confusion. The court also found the judge's conclusion that there was no goodwill in the ATHLETA Dark Pinwheel insupportable, given the evidence of its use in John Lewis stores. Accordingly, the appeal was allowed to the extent of finding infringement and passing off by use of both the First and Second ATHLECIA Combinations. The remainder of the appeal was dismissed.

Parties
Claimant/appellant: Athleta (ITM) Inc; First Defendant/respondent: Sports Group Denmark A/S; Second Defendant/respondent: Jarrold & Sons Limited
Jurisdiction
England and Wales
Judgment Date
12 August 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Trade Marks, Passing Off, Revocation for Non Use, Likelihood of Confusion
Intellectual Property Civil Procedure Trade Marks Passing Off Revocation for Non Use Likelihood of Confusion

Case Brief

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Parties

Athleta (ITM) Inc

Claimant/appellant

Sports Group Denmark A/S

First Defendant/respondent

Jarrold & Sons Limited

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the ATHLETA Combination Mark was infringed by use of the First ATHLECIA Combination
  2. 2 Whether the ATHLETA Combination Mark was put to genuine use in relation to bags and headgear
  3. 3 Whether the ATHLETA Word Mark was infringed by use of ATHLECIA

Ratio Decidendi

The Court of Appeal held that the judge erred in finding that the placement of the roundel in the First ATHLECIA Combination precluded infringement of the ATHLETA Combination Mark, as the difference was not material to the likelihood of confusion. The court also found the judge's conclusion that there was no goodwill in the ATHLETA Dark Pinwheel insupportable, given the evidence of its use in John Lewis stores. Accordingly, the appeal was allowed to the extent of finding infringement and passing off by use of both the First and Second ATHLECIA Combinations. The remainder of the appeal was dismissed.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Reversal of the judge’s conclusions regarding infringement of the ATHLETA Combination Mark by use of the First ATHLECIA Combination
  • Reversal of the judge’s conclusions regarding passing off by use of the First and Second ATHLECIA Combinations