‘LDNR’ campaign by Nike infringed ‘LNDR’ trade marks (Frank Industries v Nike Retail)

Table of contents

• What was the background?
• What did the court decide?
• Case details

Article summary

IP analysis: The IPEC has upheld a claim against Nike for trade mark infringement and passing off in relation to Nike’s use of the sign LDNR in an advertising campaign. The court concluded there was a likelihood of confusion between the claimant’s registered trade mark LNDR and the signs used by Nike so as to give rise to infringement. Nike’s defence that it had acted fairly failed as it had been aware of the trade marks before embarking on the campaign. The court rejected Nike’s counterclaim that the trade marks were invalidly registered, determining that the trade marks were not descriptive.