The European trademark authorities decided that the trademarks were not similar. They were, after all, two completely different sports. The European court of First instance, however, agrees with Ralph Lauren on appeal. The consumer will notice the overall impression which is similar, and not the insignificant differences. The cyclist is depicted in a way that is very similar to Ralph Laurens polo player, with the stick in the air ready to hit the ball. The trademarks are therefore similar. FreshSide has filed an new logo in the meantime of two players riding towards each other. It appears that Ralph Lauren has no objection to this.
