International e-retailer Asos wins legal conflict

Swiss-based company Assos was able to convince European

Union regulators at the OHIM that customers could be bewildered by the similarities between Asos and Assos company names. Assos then placed a request to have the name trade marketed. Assos, who has sold exclusive cyclist wear since the 1970s and has been credited for producing the first pair of lycra cycling shorts, was worried that they would be confused with the online retailer giant.

Asos, which gets its name from the acronym ‘as seen on screen,’ appealed this ruling and took the case to the high court. The Swiss cyclist brand voiced their concerns regarding their products being sold in the UK and falsely being associated with Asos. During the courts proceedings, Roche Maier, son of the founder of Assos, accused Asos of deliberately confusing the public and breaching its trademark. Assos say they are the ‘technical equipment choice of the Swiss cycling federation,’ and wanted to keep their professional image separate from the Asos trendy image. However, the judge who proceeded over the case, stated that it would be highly unlikely that the public would be confused between Asos’s fashionable collections and Assos’s luxurious lycra kits. Asos was named the victor in the high courts judgment, forcing Assos to restrict its trademark to cycling wear, even though the brand previously offered a range of casual apparel. Asos’s image does not seem to have been affected by the legal battle and currently has over 4 million active customers from 160 countries.