7.08.2019

Adidas 'three parallel stripes' design, trademark not valid


On March 19th, the General Court of the European Union confirmed that Adidas 'three parallel stripes' design is not discernible and can not be considered a trademark. Adidas has been using the 'three parallel stripes' design for a variety of items such as clothing, shoes, and accessories, and has used it like Adidas' original design. The court's ruling denied the monopoly power of the three-line design, attracting interest from the industry and the public.

pixabay.com

Adidas and Belgian Shoe Branding Europe in Belgium has been in conflict for about 10 years with the trademark right of the 'three parallel stripes' design. The dispute between the two companies is very complex. Shoe Branding, which uses a two parallel stripes design as a logo, has asked the European Intellectual Property Office (EUIPO) to cancel the trademark registration for Adidas's 'three parallel stripes' design trademark. EUIPO accepted the trademark of Adidas as invalid and Adidas appealed but lost again.

infusionlawyers.com

Adidas, however, has filed a lawsuit requesting the General Court to cancel the trademark of Shoe Branding, arguing that it poses a threat to its trademark and reputation. At this time, Adidas won, and Shoe Branding appealed to the European Court of Justice of the European Union (ECI). At that time, ECI acknowledged Shoe Branding's claim and sent the case back to the general court, but the general court once again accepted Adidas and blocked Shoe Branding trademark registration. However, Shoe Branding did not stop here and asked ERIPO to declare that the trademark of Adidas''three parallel stripes” design is not valid, and it was the ruling that the trademark right of the three parallel stripes design was invalid on the 19th.

intomark.com > WIPS trademark search database
<Adidas 3-parallel stripes trademark in Korea>

What is the future of Adidas 'three parallel stripes?
Adidas had many disputes with other brands similar to the 'three parallel stripes' design.
Among them, Tom Brown changed the number of stripes from 3 to 4 after he was sued by Adidas. Of course, the ruling does not seem to have any effect on Adidas's 'three parallel stripes design, but it seems certain that the EUIPO ruling will affect other brands.














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