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  4. Judgment handed down in Athleisure trade mark claim brought by Athleta (ITM) Inc., a subsidiary of Gap, Inc.

In Athleta v. Sports Group Denmark & Anr [2024] EWHC 2449 (Ch), David Stone, sitting as a deputy High Court Judge, considered infringement of the sign ‘ATHLETA’ by the sign ‘ATHLECIA’, both used predominantly for clothing.

The Judge concluded that, in light of the highly descriptive element ‘ATHLE-’, the average consumer would not confuse the signs, despite them being highly similar on an aural, visual and conceptual basis.

He went on to find, however, that there would be confusion when each sign was used in conjunction with a similar roundels, positioned in the same place, relative to the signs (i.e. Judgment handed down in Athleisure trade mark claim brought by Athleta (ITM) Inc., a subsidiary of Gap, Inc. and Judgment handed down in Athleisure trade mark claim brought by Athleta (ITM) Inc., a subsidiary of Gap, Inc. ).  He found, however, that moving the roundel above the sign ‘ATHLECIA’ or placing it on a garment in a position entirely removed from the sign ‘ATHLECIA’ would avoid the risk of any confusion.

This leaves Sports Group Denmark free to reintroduce and develop its athleisure brand ‘ATHLECIA’ in the United Kingdom.

Jamie Muir Wood, instructed by Piers Strickland of Waterfront Law, appeared for Sports Group Denmark.