Nike faced a setback against Puma in trademarking the capitalized version of the word “footware” for tech-related products.
The General Court of the European Union upheld a complaint from German rival Puma.
The EU’s second-highest General Court dismissed Nike’s trademark application and ordered the world’s largest shoemaker to pay Puma’s legal costs.
Nike may appeal the decision to the European Court of Justice, the EU’s highest court, but has yet to comment.
A Puma spokeswoman said consumers might misread “footware” as “footwear,” viewing it merely as descriptive information rather than a distinct product category eligible for trademark protection.
Nike, based in Oregon, aimed to use “footware,” a clever play on words combining “foot” with “software” or “hardware,” for a range of tech-related products.
The court’s decision is part of an ongoing series of legal battles with rival sportswear companies following Nike’s 2019 trademark applications for the term in the US, the UK, and Europe.
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In mid-2021, Nike secured a win against Puma when the UK High Court granted the trademark, despite Puma’s argument that “footware” could mislead consumers into thinking it was a misspelling of “footwear.”
Earlier this year, the Trademark Trial and Appeal Board halted Nike’s attempt to trademark “footware” in the US after a complaint from San Antonio Shoemakers, an American sneaker manufacturer.
The board agreed with the complaint, asserting that “footware” and “footwear” are often used interchangeably to refer to shoes, making the term merely descriptive.
The ongoing legal battles highlight the challenges in securing trademarks for terms that might be viewed as descriptive or easily confused with common words in the industry.
