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The Australian Trade Marks Office has recently issued a decision in a trade mark opposition between Sunday Red, LLC (a company affiliated with Tiger Woods) and Puma SE: Puma SE v Sunday Red LLC[2025] ATMO 197.
The case is interesting because it considers logo marks that have a common idea but differences in look and style.
Sunday Red, LLC applied to register the following Tiger Logos and Puma SE opposed these applications on the basis of its trade mark registrations and reputation associated with its Leaping Cat Logo:
Case Summary:
Sunday Red, LLC is a wholly owned subsidiary of Taylor Made Golf Company Inc. Taylor Made manufactures and sells golf equipment and sponsors golfers including Tiger Woods. Taylor Made has collaborated with Tiger Woods in relation to a premium golf apparel brand called SUN DAY RED which features the Tiger Logos (www.sundayred.com). The Tiger Logos feature 15 tiger stripes which represent each of Tiger Woods' major tournament wins. The name SUN DAY RED refers to Tiger Woods being well-known for wearing a red shirt on the final Sunday of professional golf tournaments.
Puma sells a range of sportswear including sportswear and sport accessory products for golf. For many years, Puma has used the mark PUMA and its Leaping Cat Logo. Puma argued that the Tiger Logos are deceptively similar to Puma's registrations for the Leaping Cat Logo as each of the logos incorporates an image of a bounding cat which is jumping sideways with its front paws close to the cat's head. Puma acknowledged that there are differences in the specific details of the cats but argued these are not details that an ordinary consumer would remember. Puma also argued that there would be a likelihood of confusion in the marketplace due to the reputation that Puma has established in its Leaping Cat Logo over many years. Sunday Red, on the hand, contended that, whilst both logos are depictions of wildcats, the marks are otherwise entirely different.
Decision:
The Hearing Officer found in favour of Sunday Red. The Hearing Officer considered that the "hanging" stripes in the Tiger Logos are a memorable feature which create the clear impression of a tiger whereas the Leaping Cat Logo would be remembered as a puma, or possibly other type of wildcat such as a jaguar, but not a tiger. The Hearing Officer consequently held that the marks were not deceptively similar. Further, the Hearing Officer held that consumers are unlikely to assume any association or relationship given the differences between the marks. The Hearing Officer was not satisfied that consumers would consider the Tiger Logos to be a variation, collaboration or brand extension of Puma's Leaping Cat Logo.
Puma has appealed the decision and so the final outcome is yet to be determined.
Take home message: A common idea between logos will not necessarily lead to a finding of deceptive similarity. This will depend on an overall assessment of the marks and the likely recollection of consumers.
Link to Trade Marks Office decision: https://www.worldlii.org/au/cases/cth/ATMO/2025/197.html
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