Hands off Nike’s Swoosh

A simple, flowing line that stands for speed, performance and innovation for decades.

 Of course, we’re talking about Nike’s world-famous Swoosh. Designed in 1971 by graphic designer Carolyn Davidson, the Swoosh has become one of the most recognisable symbols in the world. So recognisable, in fact, that it often appears without the word “Nike” — and everyone still knows exactly what it represents. Recently, this iconic symbol found itself at the centre of a legal dispute.

The Opposition Division of the European Union Intellectual Property Office (EUIPO) rejected a trade mark application filed by Chinese company Quanzhou Suhan Trading Co. for the logo RANE SPORTS. According to Nike, the logo was too close to its famous Swoosh. The logo also featured a curved line, albeit in the opposite direction, and also included the words “RANE SPORTS”. You might think that’s enough to tell them apart — but the EUIPO disagreed.

While the Office acknowledged that the visual similarity between the two logos was limited, the enormous reputation of Nike’s Swoosh proved decisive. Because of that reputation, consumers are likely to associate the RANE SPORTS logo with Nike. The EUIPO found that by using the contested sign, the applicant would unfairly benefit from the appeal and positive image of the Swoosh — effectively free-riding on Nike’s reputation without having to build one of its own.

As a result, the application was rejected in its entirety. The decision highlights the powerful protection that famous marks enjoy. When a logo even reminds consumers of an iconic brand, that’s already cause for concern. And to be fair — when we saw the RANE SPORTS logo, we immediately thought of the Swoosh too.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.