In case T-512/10, the General Court confirmed that the consumer will identify immediately and without further thought the expression ‘dynamic support’ as describing the characteristics of the footwear.

Furthermore, it is noteworthy that to offer dynamic and adapted support during any sporting activities is one of the essential characteristics of sports footwear, which is contained in the category of goods in Class 25 covered by the trade mark applied for.

In case T-356/10, Nike saw his trademark application VICTORY RED opposed successfully on the basis of earlier International and German word mark VICTORY for either identical or highly similar goods in Class 28 including ‘Golf gear’.

Due to the presence of the term ‘victory’ within each of the marks in dispute, which can be considered the dominant part of the mark applied for, the Court confirmed there are similarities between the signs at issue which could lead consumers to think that the mark applied for was merely a sub-category of the earlier marks.