Advokatbyrån Gulliksson has represented Aktiebolaget Trav och Galopp (ATG) in a trademark dispute against Dressmann AB, LeeWrangler Sweden AB and Wrangler Apparel Corp in the Swedish Patent and Market Court (PMD).
ATG is a gambling company that for almost 50 years has provided betting on e.g. horses. Since the reregulation of the Swedish gambling market in 2019, ATG also offers betting on other sports and casino. The trademark and commercial designation “ATG” has been used since the 1970s and the PMD states, based on the extensive evidence that ATG invoked in the case, that “ATG” is well known in Sweden for gambling and betting services.
In 2019, Wrangler launched a clothing collection under various brands containing the name “ATG”. The launch took place in 2019 in North America and then continued in i.a. the EU including Sweden.
In its judgment on 3 February 2023 (cases PMT 5804-21, 5818-21 and 5825-21), the PMD states that the defendant companies’ use of various designations containing “ATG” for the clothing collection infringes ATG’s trademark rights, which includes the goods category clothing. Through the judgment, the defendant companies are prohibited from using the symbols liable to be confused in the manner deemed to have occurred in the case under penalty of a fine of SEK 3,000,000 in business activities in the EU. THe PMD also determines that the defendant companies are obliged to pay fair compensation for the exploitation and awards ATG full compensation for its litigation costs.