The Supreme Court – in its civil section – has passed a judgment in favour of Nike, after the Constitutional Court reversed a 1999 ruling banning Nike from the use of its name for apparel in Spain. In practice, this means that Nike can use its name for apparel in Spain, as it has been doing in the rest of the world.

The Supreme Court has therefore entirely confirmed the Barcelona High Court ruling of 1995, which was first repealed by the Supreme Court in 1999, turned to the Constitutional Court, and finally returned to the Supreme Court a year ago.

The High Court considers that, in effect, the trademark Cidesport (a combined trademark composed of a predominant figure of the Goddess Samothracia over the word “Nike”), must be cancelled from the registry due to “lack of real and effective use” and because its use led to confusion amongst consumers about the business origin of Nike’s apparel, whilst Cidesport itself benefited from the prestige of Nike Inc.’s worldwide acknowledged trademark Nike.

In this manner, Nike Inc. trademark rights for apparel in Spain are re-established; rights that, on the other hand, have always been acknowledged by other entities and Spanish and European Courts, like the Oficina de Patentes y Marcas Española (Spanish Trademark Office), the OHIM (Office of the European Union Trade Marks), as well as by the First Instance Court and the Appeal Court of Barcelona.

Soledad Rodriguez, General Secretary of ANDEMA (Spanish National Association of Trade Mark Defence), which is dependent on the Spanish Chamber of Commerce, said “it is a very positive ruling and it is very important because it will improve on the necessary protection of renowned trademarks in our country and will prevent consumer confusion in the origin of products”.

“At Nike we welcome this decision”, – points out Fabrice Ducceschi, Nike’s general manager in Spain- “No doubt, this judgment will provide transparency in the market place and guarantee, to both consumers and Sporting Goods retailers, the real business origin of the Nike apparel products In Spain, as is the case in the rest of the world”.