Maier & Anor v Asos Plc & Anor

Maier & Anor v Asos Plc & Anor

Assos' CTM is partially revoked for non-use; ASOS did not infringe Assos' mark under Article 9(1)(b) or (c) CTMR due to lack of likelihood of confusion and dilution; passing off claim fails as evidence of confusion is insufficient; own name defence not determinative given no infringement.

Parties
Claimant: Roger Maier; Claimant: Assos of Switzerland SA; Defendant: ASOS PLC; Defendant: ASOS.COM Limited
Jurisdiction
England and Wales
Judgment Date
19 September 2013
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed; partial revocation granted
Legal Topics
Trade Mark Revocation, Trade Mark Infringement, Passing Off, Partial Invalidity, Own Name Defence, Dilution, Likelihood of Confusion
Intellectual Property Commercial Law Trade Mark Revocation Trade Mark Infringement Passing Off Partial Invalidity Own Name Defence Dilution +1 more

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Parties

Roger Maier

Claimant

Assos of Switzerland SA

Claimant

ASOS PLC

Defendant

ASOS.COM Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Scope of Assos trade mark and partial revocation for non-use
  2. 2 Partial invalidity due to ASOS pre-existing rights
  3. 3 Trade mark infringement under Article 9(1)(b) and (c) CTMR

Ratio Decidendi

Assos' CTM is partially revoked for non-use; ASOS did not infringe Assos' mark under Article 9(1)(b) or (c) CTMR due to lack of likelihood of confusion and dilution; passing off claim fails as evidence of confusion is insufficient; own name defence not determinative given no infringement.

Court Disposition

Claim dismissed; partial revocation granted

Orders

  • Assos' CTM partially revoked: Class 3 limited to preparations for cycling ailments and cleaning products for specialist cycling clothes; Class 12 limited to bicycles and parts; Class 25 limited to specialist clothing for racing cyclists and casual wear including track-suits, t-shirts, polo shirts, caps and jackets.
  • ASOS' counterclaim for partial invalidity dismissed.