Asos has won a high court judgement over infringement and passing-off claims brought by Swiss cycling brand Assos.
Assos, which means ‘the best’ in Greek, has been operating since the 1970s and sells performance and outdoor clothing in 37 countries, including the UK. It also operates from the website Assos.com.
The case revolved around the similarity of the names and logos and whether confusion could arise as a result, as well as whether Asos had been passing off goods sold in the UK as being associated with Assos.
Having lost the case, Assos now has to restrict its trademark just to cycling clothing, although it had previously been able to refer to its output as general. It also faces legal fees estimated at £500,000.
Asos declined to comment and Assos could not be reached.
Simon Bennett, partner at law firm Fox Williams, said: “Assos had a good case but the fact they have co-existed without confusion for eight years counted against it.”