Nike lost its bid to trademark the capitalized version of the word “footware” for tech-related products after a European Union court upheld a complaint from Puma.
Nike had sought to trademark “footware” a play on words between “foot” and “software” or “hardware”.
The General Court of the European Union, the second-highest court, upheld Puma’s earlier victory at an EU trademark appeals panel, which voided a trademark application from Nike’s innovation unit for the label. Nike must also pay legal costs in Puma’s favor.
Puma has long argued that at least some consumers would misread “footware” to mean software or technology for the feet.
Nike can appeal the General Court’s decision to the EU’s highest court, the European Court of Justice. Nike has not responded to requests for comment.
