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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
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Yvonne Onomor
WEDNESDAY, 12 OCTOBER 2011
Nike in General court: DYNAMIC SUPPORT and VICTORY RED

In case T-512/10, the General Court confirmed that the consumer will identify immediately and without further thought the expression ‘dynamic support’ as describing the characteristics of the footwear.

Furthermore, it is noteworthy that to offer dynamic and adapted support during any sporting activities is one of the essential characteristics of sports footwear, which is contained in the category of goods in Class 25 covered by the trade mark applied for.

 

In case T-356/10, Nike saw his trademark application VICTORY RED opposed successfully on the basis of earlier International and German word mark VICTORY for either identical or highly similar goods in Class 28 including ‘Golf gear’.

Due to the presence of the term ‘victory’ within each of the marks in dispute, which can be considered the dominant part of the mark applied for, the Court confirmed there are similarities between the signs at issue which could lead consumers to think that the mark applied for was merely a sub-category of the earlier marks.

 

Posted by: Laetitia Lagarde @ 13.36
Tags: general court, nike, dynamic support, vistory red,
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