Assos v ASOS: cycling brand’s infringement claim fails, but its trademark gets cut down
AssosvASOS
- Court
- High Court
- Judgment
- 19 September 2013
- Citation
- [2013] EWHC 2831 (Ch)
A broad trademark registration can be narrowed if you haven't actually used it across everything it covers.
Cycling clothing maker Assos sued online retailer ASOS, arguing the similar names confused customers. The High Court disagreed and dismissed the claim, though it also cut down the scope of Assos's own trademark registration.
What happened
Assos, a maker of premium cycling clothing, held a Community trademark (an EU-wide trademark registration, now called an EU trademark) covering clothing generally. It sued ASOS, the online fashion retailer, arguing that the similar name created a likelihood of confusion and amounted to passing off, where one business misrepresents its goods as connected to another's, causing damage. ASOS fought back, counterclaiming that Assos's registration ought to be partly cancelled for non-use since Assos only really traded in specialist cycling wear, and that ASOS had its own earlier rights in parts of the market.
What did the court decide in Assos v ASOS?
The court found Assos had only genuinely used its trademark for specialist cycling clothing and some casual wear, not the full range of clothing the registration covered, so it narrowed the registration to match that actual use. It rejected ASOS's argument that its own prior rights should invalidate Assos's mark, finding ASOS lacked enough goodwill, the reputation and recognition a business builds with customers, back in 2005 to block it. Despite visual and aural similarity between the two names, survey and sales evidence showed almost no real world confusion, so the infringement claims failed, as did passing off for lack of misrepresentation and damage.
What we learned from this
- What I'd take from this is that having a similar name to a bigger, more visible competitor isn't automatically infringement if the evidence shows customers aren't actually being misled.
- A trademark registration is only as strong as the use behind it. Covering broad categories you don't trade in can leave the registration vulnerable to being cut back.
- Survey and sales data showing little or no real confusion can outweigh how similar two names look or sound on paper.
- Building up goodwill, the reputation that gives you standing to challenge a rival's trademark, takes time. Acting too early can mean you don't yet have enough to rely on.
Things to be aware of
- The court's comments on ASOS's own-name defence, including criticism of ASOS bidding on "Assos" as a search keyword and adopting a similar lower case logo, were not decisive since infringement wasn't found at all.
- A registration being narrowed for non-use doesn't mean it's worthless, only that it's limited to what was genuinely used.
- Winning on infringement doesn't mean a business's conduct was approved of. The judgment criticised some of ASOS's choices even while finding no legal liability.
The businesses involved
The claimant
The claimant in the case, connected to the cycling clothing brand Assos and its Community trademark registration covering clothing generally.
Asos Plc
Registered in England in 2000 and based in London. An active online fast-fashion and cosmetics retailer holding around 111 trademarks on the UK trademark register.
- Companies House
- 04006623 Active
- Incorporated
- June 2000
- Registered office
- London
- Business activity
- Activities of head offices
- UK trademarks
- 111
How we can help
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This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2013] EWHC 2831 (Ch) on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 27 October 2026. Report an error.
