Similar?
The mark Just Zen It was filed by a woman from Amsterdam for various services in the field of meditation, tanning salons, and massages. The question is: are those services similar to the ones covered by Nike’s trademark, namely training in the field of sport and fitness? Nike believes meditation and massage services are too close for comfort to its sports-related services. And—no surprise here—the Amsterdam applicant argues they are completely different worlds.
Neutralization
But the BOIP decided to put the discussion about similarity of services aside, as shown in its decision of August 26, 2026.
They first compared the trademarks Just Do It and Just Zen It. Are they similar? No, not really, says BOIP. Yes, of course, they look and sound somewhat alike. But conceptually they are very different, according to BOIP. One means “just do it” while the other will be understood by the public as “just be zen.”, according to BOIP. This difference in meaning is so significant that it neutralizes—massages away, if you will—the visual and phonetic similarities. In short, the Trademark Office concluded there isn’t enough similarity between Just Do It and Just Zen It, so confusion is impossible.
World-famous brand
Alright, fine. But then Nike should easily win this case based on the enormous reputation of Just Do It. Famous trademarks are given broad protection under trademark law. You don’t need to prove a risk of confusion—it’s enough if the public simply makes a mental link between the two marks. Given the worldwide fame of Just Do It, that should be a slam dunk, right?
No link
Nike, of course, had no problem proving that Just Do It—used intensively worldwide for over 30 years—is a very well-known brand for sportswear and footwear. So far so good. But here’s where it goes wrong. BOIP concluded it’s impossible that the public would make a link between Just Do It and Just Zen It. First of all, the meditation services of Just Zen It sit in a completely different sector than Nike’s sports clothing, said BOIP. And secondly—here it is again—the big difference in meaning between the marks neutralizes the other similarities. No link, and therefore no infringement.
BOIP: Just Read It!
I really struggle with this decision. Especially with BOIP’s conclusion that the difference in meaning between Just Do It and Just Zen It is decisive. The meaning they assign to Nike’s slogan is of course correct—you can even find it through Google Translate. But it simply isn’t right that Just Zen It means “just be zen.” If that were the case, the mark should have been Just Be Zen. BOIP: Just Read It! “To zen” is not a verb. Just Zen It doesn’t mean “just be zen.” It’s a grammatically twisted construct, clearly chosen only to latch onto Nike’s world-famous slogan. To me, this seems like a perfect candidate for appeal.
Bas Kist
Banner image: Photo by Craig Lovelidge on Unsplash
