Commercial analysis: Puma SE (‘Puma’) brought an application against Transport for London (TfL) after TfL removed Puma’s adverts from Wembley Park Tube Station three days before the Women’s Euro finals. TfL claimed they were removed after receiving complaints from the Union of European Football Associations (UEFA), via the Football Association (the FA), that the advertising amounted to passing off and ambush marketing (Puma were not official event sponsors). UEFA and the FA denied making such allegations, so Puma applied for a Norwich Pharmacal order asking TfL to disclose who had asked for the adverts to be taken down. The court granted the relief on the basis that Puma had a good arguable case that the party who caused the advertising to be removed had made an unjustified threat of passing off. TfL clearly had the information Puma needed and would likely walk away empty handed unless the court intervened to break the deadlock. The case illustrates the application of the Norwich Pharmacal thresholds. What’s arguably more interesting is what happens next. If Puma sues the...
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