Dream Pairs Overcomes Iconix in Trademark dispute

Umbro is a sports brand that has been around since 1924. Their logo, while quite simple and identifiable, has become the subject of a dispute. Here is everything you need to know about the Dream Pairs Iconix Dispute.

Umbro overview in relation to the Dream Paris Iconix Dispute

Manchester, England-based Umbro is a British sportswear and equipment company that was established in 1924. The company has a long history of creating high-quality football boots, uniforms, and other equipment, earning it notoriety for its affiliation with the sport.

The term “Humphreys Brothers,” which was the name of the original business that produced Umbro’s first football shirts, is where Umbro gets its name. When it started supplying football uniforms to several British professional football clubs in the 1950s and 1960s, the brand became more well-known. Umbro provided the uniforms for the 1966 World Cup-winning England squad, solidifying the company’s position among the top brands in football.

Umbro has developed numerous new goods throughout the years, such as their renowned “Speciali” football boots and its Pro Training line of athletic apparel. Additionally, the brand has expanded its product line to include accessories, footwear, and casual clothing.

Currently owned by the Iconix Brand Group, Umbro is available in more than 90 nations on a global scale. More than 200 employees work for the company, which has its headquarters in Cheadle, Greater Manchester. Umbro continues to be a popular option for football fans and is still connected to the game’s rich history and legacy while experiencing increased competition from other sportswear manufacturers.

The Dream Pairs and Umbro trademark dispute

Now, in relation to the Dream Pairs Iconix Dispute, let’s take a look at what transpired between the two companies, and why Iconix thought it was necessary to file a dispute.

Iconix who are the proprietor of the Umbro brand which is famous for its sportswear, specifically for football and rugby players, have been involved in a dispute with Dream pairs. Iconix is claiming that Dream Paris has allegedly infringed on the Umbro registered trade mark. Iconix has relied on the Umbro double diamond trade mark that is registered for various goods such as footwear.

Below is the Umbro registered trade mark and the alleged infringing mark of Dream Pair:

Dream Pairs Iconix Dispute - Everything and More Covered
© Umbro

During the Dream Pairs Iconix Dispute, Iconix argued that the Dream pair logo is confusingly similar to the Umbro marks and had taken an unfair advantage of their reputation. Dream Pair uses the mark exclusively for sale of their footwear through Amazon. Therefore, the infringement claim specifically relates to the manufacturing of Dream Pairs’ football boots and other active footwear.

The courts considered if there was an infringement under S.10(2) and S.10(3) of the Trade Mark Act 1994.

S.10(2) relates to similarity and the likelihood of confusion. The courts concluded that there is a low degree of similarity between the two marks from a visual perspective due to both marks being at different angles and different depths.

During the Dream Pairs Iconix Dispute, in relation to the likelihood of confusion, the courts considered the fact that Dream pair shoes were sold exclusively through Amazon which provides multiple images of the shoes, a description of the shoes stating ‘Dream Paris’ as well as customer reviews.

This goes against Iconix’s claim that there is consumer confusion between the two marks. Umbro’s example of consumer confusion was through a Google search of “umbro dream pairs” which was not deemed to be sufficient for consumer confusion.

Dream Pairs Iconix Dispute - Everything and More Covered
© Sora Shimazaki (Pexels)

S.10(3) relates to potential injury claims due to a damaged reputation from the Dream Paris mark. The courts stated that the unfair advantage claims from Iconix were not adequately pleaded as there was no evidence presented that Dream Paris were deliberately attempting to exploit the reputation of the Umbro marks and/or were attempting to associate the Dream Paris logo with the Umbro mark to suggest to consumers that both brands are of equal quality.

It was therefore held that the footwear logo of Dream pairs did not infringe on Umbro’s doubled diamond logo as there was no consumer confusion and Dream pairs did not achieve an unfair advantage. Hopefully we did a good job of explaining the Dream Pairs Iconix Dispute.

If you have any queries regarding the Dream Pairs Iconix Dispute or an alternative matter, you can contact us at Lawdit today.

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