After a decade of back and forth action in the Spanish courts regarding the use of its trademark name, Nike has won a ruling by the countrys Supreme Court that supported the Constitutional Courts reversal of a 1999 ruling banning Nike from the use of its name for apparel in Spain. At issue was the use by Cidesport of a combined trademark composed of a predominant figure of the Goddess Samothracia over the word “Nike”.
The ruling last week confirms the original ruling in 1995 by the Barcelona High Court, which was first repealed by the Supreme Court in 1999, turned to the Constitutional Court, and finally returned to the Supreme Court a year ago.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 ruling effectively leads to the cancellation of the Cidesport trademark registry due to “lack of real and effective use” and because its use “led to confusion amongst consumers about the business origin of Nikes apparel, whilst Cidesport itself benefited from the prestige of Nike Inc.s worldwide acknowledged trademark Nike,” according to a Nike release.
