After a small UK company spotted global brand Nike had launched an advertising campaign with a slogan suspiciously close to its own, the business successfully sued the sportswear giant for trademark infringement. Here, Nathanael Young, a senior associate at SA Law, explains how the case was resolved.
The media have recently picked up on the trademark case of Frank Industries PTY Ltd v Nike Retail BV. Frank, a tiny company in the UK, successfully sued the global sportswear giant for trademark infringement, so most articles focused on the David and Goliath aspect of the case.
Not all appreciated how the procedure used by Frank contributed to its success, or how unusually fast the issue had been resolved.