British Amateur Gymnastics Association v UK Gymnastics Ltd & Ors

British Amateur Gymnastics Association v UK Gymnastics Ltd & Ors

The Defendants’ use of 'UK Gymnastics' and associated signs and get-up was sufficiently similar to the Claimant’s registered trade marks to create a likelihood of confusion among the relevant public, particularly given the Claimant’s status as the sole recognised National Governing Body for gymnastics in the UK and the enhanced distinctiveness of its marks. The Defendants’ use took unfair advantage of and was detrimental to the distinctive character and reputation of the Claimant’s marks, was without due cause, and amounted to passing off by misrepresenting themselves as a National Governing Body or as connected with the Claimant.

Parties
Claimant: British Amateur Gymnastics Association; First Defendant: UK Gymnastics Limited; Second Defendant: UK Gymnastics Affiliation Limited; Third Defendant: Christopher Adams
Jurisdiction
England and Wales
Judgment Date
26 June 2020
Procedural Posture
Intellectual Property (trade Mark Infringement and Passing Off) / Final Judgment After Trial
Outcome
Claim allowed in full for the Claimant.
Legal Topics
Trade Mark Infringement, Likelihood of Confusion, Reputation and Distinctiveness, Passing Off, National Governing Body Status, Unfair Advantage, Detriment to Repute, Dilution
Intellectual Property Trade Marks Passing Off Trade Mark Infringement Likelihood of Confusion Reputation and Distinctiveness National Governing Body Status Unfair Advantage +2 more

Case Brief

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Parties

British Amateur Gymnastics Association

Claimant

UK Gymnastics Limited

First Defendant

UK Gymnastics Affiliation Limited

Second Defendant

Christopher Adams

Third Defendant

Procedural Posture

Intellectual Property (trade Mark Infringement and Passing Off) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants infringed the Claimant’s registered trade marks under section 10(2)(b) and 10(3) of the Trade Marks Act 1994
  2. 2 Whether the Defendants’ use of the signs and get-up amounts to passing off
  3. 3 Whether the Defendants’ use creates a likelihood of confusion or a link in the mind of the public

Ratio Decidendi

The Defendants’ use of 'UK Gymnastics' and associated signs and get-up was sufficiently similar to the Claimant’s registered trade marks to create a likelihood of confusion among the relevant public, particularly given the Claimant’s status as the sole recognised National Governing Body for gymnastics in the UK and the enhanced distinctiveness of its marks. The Defendants’ use took unfair advantage of and was detrimental to the distinctive character and reputation of the Claimant’s marks, was without due cause, and amounted to passing off by misrepresenting themselves as a National Governing Body or as connected with the Claimant.

Court Disposition

Claim allowed in full for the Claimant.

Orders

  • Declaration of trade mark infringement under sections 10(2) and 10(3) of the Trade Marks Act 1994
  • Declaration of passing off