adidas stan smith Adidas earns its stripes in court
Lawyers say that other manufacturers may struggle to take advantage of this ruling, because few types of branding have as long a history and reputation as Adidas’ three stripes.
“They’re trying to distinguish a distinctive logo, such as the Nike swoosh, against a non distinctive brand such as three stripes,” said Gary Assim, head of intellectual property at Shoosmiths Solicitors.
“But the three stripes have built up distinctiveness. Its reputation spans 70 odd years, so it’s difficult not to associate three stripes with Adidas.”
Adidas welcomed the ruling and stressed that it was not trying to prevent all use of stripes.
“We do not seek to prevent the use of decoration, but the use of striped markings that confuse consumers, or cause them to make a link with our company,” Anne Putz from Adidas told the BBC.
The court confirmed that what was important was whether consumers associated another company’s clothing with the Adidas brand, not how similar the designs looked.
“The national court must determine whether the average consumer may be mistaken as to the origin of sports and leisure garments featuring stripe motifs in the same places and with the same characteristics as the stripes motif of Adidas, except for the fact that they consist of two rather than three stripes,” the ruling said. The BBC is not responsible for the content of external sites. Read more.
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