Max Verstappen investigation concludes as Nike win battle

Nike has stopped Max Verstappen from launching his new clothing brand after successfully arguing that the name was closely associated with their own items. The American sports brand claimed Verstappen’s suggested ‘Max 1’ name and Nike’s Air Max shoes were alike.

The case was dealt with by the Benelux Office for Intellectual property (BOIP) which confirmed a “likelihood of confusion” did exist. The group’s investigation found that members of the public “may believe” the designs belong to the same company.

There also appears to be an issue around the styling of Verstappen’s clothes which are “partly identical and partly similar”. It means the Dutchman will be forced into a U-turn over the name before he can release any items.

According to the report, the defendant will also owe the opposition the princely sum of £918 (€1,045). The BOIP report reads: “Both signs contain the word MAX, albeit in a different place. In the trademarks invoked, the elements AIR and MAX have equal weight in the overall impression.

“In the contested sign, the emphasis is on the word MAX. The number 1 will be regarded as a specification of MAX. To that extent the signs agree. The goods in question (Nike and Max) are partly identical and partly similar. Visually and aurally, there is a certain degree of similarity between the signs.

“Based on these and the other factors mentioned above and given their interdependence, the Office considers that there is a likelihood of confusion in the sense that the public may believe that the goods covered by the trademarks invoked and those of the contested sign belong to the same undertaking or, as the case may be, from economically linked companies.

“Since it is common practice in the clothing sector for the same mark to be configured in different ways, the relevant public might also think that the contested sign is a sub-mark of the opponent (Nike).” Verstappen’s F1 rival Lewis Hamilton has successfully launched his own clothing brand, +44.

A range of products was launched at the end of last season while Hamilton still has big plans for the brand. Ahead of the 2022 Japanese Grand Prix, the seven-time champion confirmed he would work together with popular artist Takashi Murakami to create a new “transformative collection”.

Hamilton said: “When I launched +44, I wanted to create bold, brave and transformative collections that made people feel the most authentic versions of themselves. There is no one I consider more suited to help me achieve this than Murakami.”