Trade Marks - Re FOOTWARE, Puma SE v Nike Innovate CV
Author Anthony Appleyard Licence CC BY-SA 3.0 Source Wikimedia Commons A Jane Lambert Chancery Division (Mr Justice Zacaroli) Puma SE v Nike Innovate CV [2021] EWHC 1438 In Trade Marks - Equisafety v Battle Hayward and Bower 7 Jan 2021 IP Northwest, I discussed Mr Nicholas Caddick QC's judgment in Equisafety Ltd v Battle, Hayward and Bower, Ltd and another [2021] EWHC 3296 (IPEC) (8 Dec 2021) where the defendants counterclaimed for a declaration that the registration of MERCURY for a range of high visibility equestrian products was invalid on the ground that the mark was descriptive. This is another case where the registration of a word mark was challenged on a similar ground. The mark in question was FOOTWARE and registration was sought by Nike Innovate CV for a wide range of goods and services in classes 9, 38 and 42 relating to computing and telecommunications. The application was opposed by Puma SE on the following grounds: "i) Under ...