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'Conceptual similarity' key to British Gymnastics' trade mark victory over UK Gymnastics

Male Gymnast Doing Handstand On Pommel Horse
Wednesday, 19 May 2021 By Simon Casinader, Niall Lavery

A recent UK Court of Appeal case[1] involving the British Amateur Gymnastics Association has highlighted the importance of assessing the conceptual similarity of trade marks and not just their aural (the way the two word marks sound when pronounced) and visual similarities, when considering a potential trade mark infringement.

This article examines the case, looking at:

  • Facts
  • Grounds of appeal and decision
  • Impact of the decision on sports organisations

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Written by

Simon Casinader

Simon Casinader

Simon Casinader is a senior associate in the London office at K&L Gates and had previously worked in their Melbourne office for over seven years. Simon is an intellectual property lawyer with extensive experience in protecting and enforcing intellectual property rights across multiple jurisdictions.

Niall Lavery

Niall Lavery

Niall Lavery is an associate at the London office of K&L Gates. He splits his practice into two primary areas, specifically, 1) antitrust, competition and trade regulation and 2) intellectual property and commercial law where the team’s cross-departmental approach allows him to provide a versatile and comprehensive approach to his work.

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