British Gymnastics trademark infringed by UK Gymnastics.

The High Court has upheld claims that UK registered trade marks for “British Gymnastics, More than a sport” and “British Gymnastics” (RTMs), owned by the British Amateur Gymnastics Association, the UK’s national governing body (NGB) for gymnastics, had been infringed by the defendants.

The goods and services for which the RTMs were registered for included gymnastics (class 28) and sporting activities (class 41). The defendants had, since at least 2015, offered gymnastic clubs, coaching and other services under two logos incorporating the words “UK Gymnastics” and an image of part of the red, white and blue sections of the Union Jack.

HHJ Melissa Clarke, sitting as a judge of the High Court in IPEC, found that the defendants had also used the sign “UK Gymnastics” in a word format on its website, on proficiency and coaching certificates and on policy documents. The judge found that the defendants’ use of the “UK Gymnastics” logos and word mark infringed the RTMs pursuant to sections 10(2) and 10(3) of the Trade Marks Act 1994. She also upheld the claimant’s claim that the defendants had passed of their goods and services as being connected with the claimant.

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Source 2: Practical Law.

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