Adidas' three-stripes have been ruled invalid as a trademark by a European ...
LUXEMBOURG - Adidas’ three-stripes have been ruled invalid as a trademark by a European Union court which said they lacked a distinctive character recognizable throughout the 28-country bloc.
The sporting goods industry has seen a rise in trademark and patent disputes as the biggest players try to differentiate their products and justify premium pricing.The General Court of the European Union said it had upheld a 2016 decision of the European Intellectual Property Office to annul a previous acceptance of the trademark, which Adidas registered in 2014 for clothing, footwear and headgear.
Shoe Branding bought Patrick, which was founded in 1892 and says it is the oldest sports brand in Europe, in 2008. Patrick features two stripes on its shoes and clothing.Adidas needed to show the three stripe mark had acquired a “distinctive character” throughout the EU based on its use so that consumers inherently knew a product was from Adidas and could distinguish it from products of another company.
“Whilst we are disappointed with the decision, we are further evaluating it and are welcoming the useful guidance that the court will give us for protecting our 3-stripe mark applied to our products in whichever direction in the future,” it said. “It’s a setback for Adidas, but it shouldn’t be the end of their three stripes trademark,” Glas said.
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