Thought Leadership

British gymnastics victorious as High Court orders ‘UK Gymnastics’ to vole-face in trade mark infringement case

Kerman & Co. website
August 30, 2020 Advisory

Sport England and UK sport-funded National governing bodies (NGBs) in sport will be comforted by the fact that the British Amateur Gymnastics Association (British Gymnastics) has claimed victory in trade mark and passing off proceedings against defendant UK Gymnastics Limited, in a judgment made in the High Court in June this year.


British Gymnastics holds figurative trade marks for ‘British Gymnastics’ and ‘British Gymnastics – More than a sport’, registered since 2017:

The classes protected include class 41 for education, providing of training, entertainment and sporting activities.

Since at least 2015, the defendant had been advertising, offering and providing membership services to individual gymnasts and clubs, as well as competitions and coaching services in gymnastics under the sign ‘UK Gymnastics’. The figurative element of the mark is promoted in red and blue and features a Union Jack:

In January 2019, British Gymnastics issued a claim for trade mark infringement and passing off, seeking an injunction and damages as a result of the defendant taking unfair advantage of its marks and benefiting from the status and reputation that British Gymnastics has as the sole governing body in the UK for gymnastics.

Trade mark Infringement

The Court concluded that although the parties’ respective signs are not identical in word form, the conceptual similarity are similar to a strong degree due to the terms ‘UK’ and ‘British’ describing a similar geographical area and conveying an official status. This led to a medium similarity being found overall. In addition, the services being sold under the respective signs were held to be almost identical (especially class 41).

The court assessed this case with consideration of the fact that the Claimant is the sole NGB (and has been for many years), which increases its marks’ distinctiveness significantly. The Defendant’s argument that it was also an NGB, was unsurprisingly rejected by the court.

This fact also alters the level of attention that the relevant public would take in distinguishing the marks; the court found that as a result, there is a likelihood of confusion between the signs as the relevant public were unlikely to pay much attention and assume that UK Gymnastics was associated with British Gymnastics.

Passing Off

The court also found that UK Gymnastics would cause detriment to the repute of British Gymnastics as its services fell below the NGB standard, therefore the passing off claim was also successful.

This case is encouraging for NGBs that face infringement by a third party using identical or similar marks without their consent. Due to their very nature, NGBs have a strong advantage by occupying a unique position in their field, and holding a certain standing and reputation. You can bet that any threats made to their intellectual property, therefore, will not be taken lightly.

Read the full Judgment here.

Originally published at prior to the firm’s combination with Armstrong Teasdale in early 2021.

Contact Us
  • Worldwide
  • Boston, MA
  • Denver, CO
  • Dublin, Ireland
  • Edwardsville, IL
  • Jefferson City, MO
  • Kansas City, MO
  • Las Vegas, NV
  • London, England
  • Miami, FL
  • New York, NY
  • Orange County, CA
  • Philadelphia, PA
  • Princeton, NJ
  • Salt Lake City, UT
  • St. Louis, MO
  • Washington, D.C.
  • Wilmington, DE
abstract image of world map
Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
Google Maps
Boston, Massachusetts
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
Google Maps
Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
Google Maps
Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
Google Maps
Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
Google Maps
Jefferson City, Missouri
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
Google Maps
Kansas City, Missouri
Las Vegas, NV
7160 Rafael Rivera Way
Suite 320
Las Vegas, NV 89113
Google Maps
Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
Google Maps
Miami, FL
355 Alhambra Circle
Suite 1250
Coral Gables, FL 33134
Google Maps
Photo of Miami, Florida
New York, NY
7 Times Square, 44th Floor
New York, NY 10036
Google Maps
New York City skyline
Orange County, CA
19800 MacArthur Boulevard
Suite 300
Irvine, CA 92612
Google Maps
Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
Google Maps
Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
Google Maps
Princeton, New Jersey
Salt Lake City, UT
222 South Main St.
Suite 1830
Salt Lake City, UT 84101
Google Maps
Salt Lake City, Utah
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
Google Maps
St. Louis, Missouri
Washington, D.C.
1050 Connecticut Avenue NW
Suite 500
Washington, DC 20036
Google Maps
Photo of Washington, D.C. with the Capitol in the foreground and Washington Monument in the background.
Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
Google Maps
Wilmington, Delaware