Campomar SL v Nike International Ltd

This matter concerned an opposition by Campomar SL to the registration of the NIKE trade mark by Nike International Ltd. The dispute revolved around the extent of knowledge and use of the NIKE trade mark by both parties, particularly in relation to sports fragrances and cosmetics, and whether Campomar had established prior rights or a basis for its opposition. The decision was made by Iain Thompson.

The court was required to determine whether Campomar's opposition to Nike International Ltd's trade mark application was valid. This involved assessing the evidence presented by Campomar regarding its awareness of the NIKE trade mark and its own proposed launch of a sports fragrance line, as well as Nike International Ltd's knowledge of Campomar's intentions and its subsequent actions. The central legal issue was whether Campomar had established sufficient grounds to prevent the registration of the NIKE trade mark by Nike International Ltd, considering the history of communications and the respective commercial activities of the parties.

The court considered the extensive correspondence between the parties dating back to 1985, including telexes and facsimiles. Campomar, through its director Mr Ruiz, had communicated its intention to launch a sports fragrance line under the NIKE name, highlighting the potential market and seeking partnership with Nike Inc. Nike Inc., through Mr Lucas, expressed interest in Campomar's project but ultimately declined to participate, cautioning Campomar against implying any sponsorship or approval by Nike Inc. The court examined this history to ascertain the level of knowledge each party had of the other's activities and intentions concerning the NIKE trade mark in the relevant market. The evidence presented included statutory declarations and past judgments, which provided context for the ongoing dispute.