In its ongoing legal dispute with Munich, a well-known sports footwear firm, the Spanish Supreme Court has rendered a resounding decision in favor of NOX, the padel equipment brand. Munich claimed that NOX’s use of the letter “X” in branding violated its trademark rights, which was at the heart of the issue.
The dispute started in 2017 when Munich sued NOX’s parent business, JJ Ballve Sports, alleging that the “X” used on NOX’s padel rackets and accessories was too close to its own branding. Although a previous court decision recognized the possibility of confusion in some situations, the Provincial Court of Barcelona eventually reversed the order, finding no violation.
The Supreme Court has now affirmed that ruling, dismissing Munich’s appeal and stating that NOX’s usage of the letter “X” does not infringe upon Munich’s trademark. Although a well-known trademark may have more protection, the court stressed that it cannot monopolize a common sign across unrelated product categories unless there is unmistakable proof of unfair competition or misunderstanding.
“Munich attempted to compete in the padel racket and accessories market through an attempt that was as aggressive as it was unjustified: accusing one of the leaders in that market, the company JJ Ballve Sports, owner of the NOX trademarks, of infringing the national trademarks «Munich», trying to obtain an exclusive right over the X that characterizes NOX products, and of competing unfairly” , stated NOX.
This decision strengthens NOX’s position as a major player in the sport’s expanding business by allowing it to freely use its distinctive logo in the padel market. In circumstances involving widely used marks, the ruling also establishes a precedent for how courts may interpret the extent of trademark protection.
