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  4. Court of Appeal Rules in Athleta v Athlecia Trade Mark Dispute

The Court of Appeal has today handed down its decision in the high-profile trade mark dispute between Athleta and Athlecia.

Background

Athleta appealed the first instance decision of Deputy High Court Judge David Stone, following a one-day hearing on 25 November 2025. Permission to appeal was granted on several grounds, including:

  • Revocation – whether the judge wrongly applied a de minimus test on genuine use and that the judge failed to take material factors into account when considering whether the website was “targeted” at the UK (ground 1).
  • Trade mark infringement (word only mark) – Athleta contented that the judge wrongly applied the case of Lifestyle Equities CV v Royal County of Berkshire Polo Club Ltd [2024] EWCA Civ 814, [2024] FSR 32 and specifically that he wrongly proceeded on the basis that the only similarity lay in the ATHLE- element of the respective word marks (ground 3).
  • Trade mark infringement (word and logo combination marks) – Athleta contended that the judge’s reasoning that the placement of the roundel did not make a significant difference to the visual similarity of these signs to the ATHLETA Combination Mark was inconsistent (grounds 4 and 5).
  • Passing off – whether variant forms can be relied upon as generating goodwill for the purposes of passing off (ground 6).
  • Passing off – Athleta contended that the finding that Athleta had not established goodwill in relation to the Athleta Dark Pinwheel combination mark was rationally insupportable (ground 7).

There was no cross-appeal from Sports Group Denmark A/S (“SGD”).

Court of Appeal Decision

In the leading judgment by Arnold LJ, the Court held:

  • No infringement or passing off by use of the word mark ATHLECIA.
  • Revocation appeal dismissed.
  • Infringement and passing off found in relation to Athlecia’s word and logo combination marks.

The decision represents a victory for SGD leaving it free to continue using its ATHLECIA mark in the UK, with just the need to refresh its logo.  It also constitutes impressive lightening justice from the Court of Appeal – 10 days from appeal hearing to hand down of the judgment!

SGD was represented by Mark Vanhegan KC and Jamie Muir Wood, instructed by Waterfront Law (Piers Strickland and Francesca Allport).