'Conceptual similarity' key to British Gymnastics' trade mark victory over UK Gymnastics
A recent UK Court of Appeal case[1] involving the British Amateur Gymnastics Association has highlighted the importance of assessing the conceptual similarity of trade marks and not just their aural (the way the two word marks sound when pronounced) and visual similarities, when considering a potential trade mark infringement.
This article examines the case, looking at:
- Facts
- Grounds of appeal and decision
- Impact of the decision on sports organisations
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- Tags: British Gymnastics | Dispute Resolution | Gymnastics | Infringement | Intellectual Property Law | National Governing Body | Olympic | Passing Off | Sports | Sports Council Recognition Policy 2017 | Trade Mark | Trade Marks Act 1994 | UK Gymnastics
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Written by
Simon Casinader
Simon Casinader is a partner in the London office at K&L Gates and had previously worked in their Melbourne office for over seven years. Simon is an intellectual property lawyer with extensive experience in protecting and enforcing intellectual property rights across multiple jurisdictions.
Niall Lavery
Niall Lavery is an associate at the London office of K&L Gates. He splits his practice into two primary areas, specifically, 1) antitrust, competition and trade regulation and 2) intellectual property and commercial law where the team’s cross-departmental approach allows him to provide a versatile and comprehensive approach to his work.
