Adidas’ trademark doesn’t qualify for trademark protection – EU court rules

Last Updated at: Dec 23, 2020
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We have had our share of trademark news – tough legal battles like Paytm vs Paypal or Lego vs Lakeshore, trademark denials like Subway’s “Footlong” mark and now the recent to join the row is Adidas. The German sportswear brand’s famous “three-stripes” trademark has been proven invalid by the European Union court, owing to the reason of its “ordinary figurative mark”

The company had filed for trademark registration for  “three parallel equidistant stripes of equal width applied to the product in whichever direction”. It now has trademark protection for its slanted three-stripe logo.

In 2014 Adidas had filed for trademark registration for its clothing, footwear and headgear, saying it consisted of “three parallel equidistant stripes of equal width applied to the product in whichever direction.” And this was initially approved by the EU Intellectual Property (EUIPO) authorities. However, a Belgium-based shoe company had challenged the trademark was not distinctive enough. After two years the EUIPO, siding with the Belgium company, cancelled its acceptance of the trademark.

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The court denied the mark stating that it acquired unique characteristic only in five EU nations out of the 28-country bloc.

Also, Adidas has witnessed a series of high-profile “three-stripe” lawsuits in the past. A popular New York-based designer changed the number of stripes from three to four after  Adidas filed a case against him. Another major battle was with US footwear brand Skechers for the look-alike Stan Smith tennis shoe. However, Adidas partially won the case it continued filing infringement suits against Skechers, which in turn filed a countersuit in late 2018. In 2015, Adidas filed a case against fashion designer Marc Jobs accusing him of producing sweatshirts with four-striped marks on sleeves. The sports brand stated that the t-shirts intentionally mislead and deceived customers.

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A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.