Premium activewear brand LNDR has won a landmark case against Nike, as it prepares to set up in Australia.
LNDR yesterday won its trade mark dispute against the global giant, over its use of “LDNR” in its recent advertising campaign.
The win comes as LNDR prepares to set up operational hubs in Australia and the US, as well as expansion in product categories.
The judgment from the Intellectual Property Enterprise Court means that LNDR is entitled to a permanent injunction preventing Nike from using the term “LDNR” again.
It had been doing so in its “Nothing beats a Londoner” campaign, which the judgment found to be an infringement of LNDR’s trademarks and passing off.
LNDR successfully argued that its brand name was distinctive as a trade mark, and that consumers would be confused into thinking Nike were collaborating with LNDR.
In court, one witness likened it to Adidas doing a collaboration with Stella McCartney.
It was alleged Nike had conducted a trade mark search six months before launching and knew about LNDR's trademarks, but went ahead with using 'LDNR' regardless.
In some cases, actually using the registered trademark symbol next to their ‘LDNR’ Nike logo.
When the campaign launched in January 2018, the term was used prominently on social media, in live events, merchandising giveaways and in-store displays.
The TV advert for the campaign included the likes of Sir Mo Farah, Harry Kane and Skepta (seen wearing a t-shirt emblazoned with 'LDNR').
Nike have not yet indicated whether they intend to apply for permission to appeal.
LNDR founder Joanna Turner said the matter was one of brand equity.
“Nike’s campaign gained a huge amount of exposure very quickly, and from our point of view was educating the public that ‘LDNR’ was either a Nike trade mark, or that there was a collaboration between our two brands.
"We felt that we had no choice but to protect our brand and identity, and the trademarks that support them, which are so critical to our continued growth.
“We work very hard to create the best premium, high-quality products in the market, and confusion between our products or brand with Nike would be extremely damaging.
“It was not an easy decision to go up against a giant like Nike, and it is not a situation you imagine you will ever have to take on. We are both pleased and relieved that the judge saw things the same way as we did.
“We are delighted that we can now focus on continuing to build our brand and grow our business, in the UK as well as around the world.”
The case started in January this year, when Nike first launched the “Nothing beats a Londoner” campaign.
LNDR quickly obtained an interim injunction in March preventing Nike from using the LDNR term until the trial.
This has now been followed by the recent judgment which should result in a permanent injunction preventing Nike from using the term LDNR in future.