+49 (0) 69 / 606 278 – 199 Back in 2009, adidas filed oppositions against SBE’s attempt to register two trademarks for a pattern of two stripes placed on categories of shoe and filed oppositions against both. The result of the disputes is that the three parallel stripes do not belong to Adidas … New setback for adidas and its famous 3-Stripes brand. Shoe brand Adidas has no trademark right on three parallel vertical stripes. The reason is, that it did not enable consumers to identify such clothing items to be produced by adidas. Context of the dispute In 2013, Adidas AG filed an application for registration of an EU trademark with the European Union Intellectual Property Office (EUIPO) for clothing, footwear and headgear. Following a declaration that a trademark is invalid the registration is lost, so the brand no longer has an enforceable trademark. More information can be found in our privacy policy. Moreover, Adidas did not contest “the extremely simple character”, as the Court of First Instance stated. The effect of this judgement is enormous. No, Adidas doesn’t own the right to use any and all stripes, but it has trademarks for using them in certain ways. Give us a call, send us an email or fill out the contact form. In 1991, the public saw a new logo version – three tilted stripes … The German company will not be allowed to trademark three stripes next to each other, Europe's second-highest court has ruled. Adidas discovered that a major chain of clothing and footwear in Uruguay was selling sport shoes using a four stripe design, an element that infringed their trademark rights and constitutes an act of unfair … A European union high court has ruled against German sports apparel giant Adidas' claim that its famous three stripes, applied in any direction, deserve trademark protection. After the EUIPO annulled the registration of Adidas, the General Court of the European Union confirms this decision. In footwear, the company holds trademarks to use specific three-stripe … Finnish sports brand Karhu Sports sold the three stripe trademark to Adidas for (the equivalent of) €1,600 and two bottles of Whiskey. +49 (0) 69 / 606 278 – 0 With that said, it is amusing to note that Adidas actually bought the three-stripe trademark from a Finnish brand called Karhu in … In less obscure terms, the stripes look like this: The price? Given its longstanding and consistent use of a three-stripe trademark on its wares – from sneakers to athletic and fashion apparel, adidas claims that “consumers familiar with footwear, apparel, and related goods” know that such a mark signifies that the goods at issue come from – or are otherwise affiliated with – adidas, making it problematic that the New York-based fashion brand has adopted and … As a result of the 1971 rebranding campaign, the company introduced a revisited emblem with a trefoil. Adidas defeated in 3-stripe trademark dispute. — In 1970s, Adidas decided to rebrand their company and, thus, created the legendary trefoil logo -- three leaf shapes branching out in a plant-like manner with the original 3-stripes mark cutting across them horizontally. However, the Belgium-based company Shoe Branding Europe challenged it, saying the trademark was not distinct enough. This is contrary to other judgments concerning the inverse colour representation of a trade mark and in the present case led Adidas to defeat before the CFI. [email protected]. Required fields are marked *. The General Court confirmed the invalidity of one of the Adidas European Union trademarks, a trademark consisting of three parallel stripes on a light background. Judgement of European Court (CFI) EU:T:2019:427, Trademark Law brand,  CFI,  adidas,  adidas 3-stripes,  adidas three stripes,  adidas Trademark,  Dr. Tim Meyer-Dulheuer,  EU Mark,  figurative mark,  judgement CFI,  patten mark,  3-stripes,  evidence of use, Your email address will not be published. In 1998, Adidas sued the National Collegiate Athletic Association over their rules limiting the size and number of commercial logos on team uniforms and apparel. This is certainly a case of Adidas doing what it apparently believes is necessary to prosecute any potential similarity between a design mark and its popular three-stripe mark. The CFI clarified that the Adidas mark in question was registered in black and white without any particular colour claim. The European Court confirmed the effect of Article 15(1)(2)(a) of Regulation No 207/2009 (now Article 18(1)(2)(a) of Regulation 2017/1001). However, Adidas still has an open path to the next instance, the European Court of Justice (ECJ). In 2013, adidas sent a notarized notification to the … Adidas has lost a bid to ban rivals from using its three-stripe symbol in the European Union. But on Wednesday the German sports manufacturer lost in a nullity suit against the European figurative mark of the 3-stripe mark before the European Court of Justice (Court of First Instance, CFI). The German company will not be allowed to trademark three stripes next to each other, Europe's second-highest court has ruled. German sportswear brand Adidas lost a legal battle to trademark its “three-stripes” logo in a European Union court on Wednesday. It said the company only provided evidence of its "acquired distinctive character" in five out of the EU's 28 member states. "The mark is not a pattern mark composed of a series of regularly repetitive elements, but an ordinary figurative mark," the court said. Comment document.getElementById("comment").setAttribute( "id", "ae52aacad28a2a553836a70f1466347f" );document.getElementById("cb2b610cad").setAttribute( "id", "comment" ); You must accept cookies from Google recaptcha to use this form. Following a declaration that a trademark is invalid the registration is lost, so the brand no longer has an enforceable trademark. The concept of use of a trade mark in Articles 7(3) and 52(2) of Regulation No 207/2009 must be interpreted in the same way: Forms of use of a trade mark in proof of use of that trade mark are permissible if they differ from it only by minor differences and can therefore be regarded as largely equivalent. I have … If Adidas is not able to fully protect the famous brand in Europe, they will have the same problem elsewhere, in the United States and in Asia. BGH: Black Forest ham – not only packaged in the Black Forest, UK trademark after Brexit: earlier UK trademark in opposition. But that is not the case with the Adidas 3-stripe mark, which is an ordinary figurative mark, was ruled by the court. Adidas' latest attempt to broaden its Three Stripes trademark in the European Union has proven to be unsuccessful. It served as the brand’s core logo for two … The decision can still be appealed at the European Court of Justice, the EU's top court. With that said, it is amusing to note that Adidas actually bought the three-stripe trademark from a Finnish brand called Karhu in the 1950s, which now uses a M-shaped logo instead. Two bottles of good whiskey and about 1,600 euros. The German sports manufacturer lost the trademark dispute about the 3-Stripes brand against H&M at the Hague Court of … We use cookies to improve our service for you. Adidas cannot own three stripes, says EU court. Adidas has failed in an attempt to broaden trademark protection for its three-stripes symbol in the European Union as rivals seek to muscle into the market for striped shoes and clothing. BGH “FRAND II” – SEP Licensing as Distributor. On 19 June, adidas suffered a third loss in its attempt to safeguard its three stripes trademark. In this case, however, it is common ground that the mark in question is inherently devoid of any distinctive character throughout the European Union. CLIENT: ADIDAS. Rufen Sie uns an, schicken Sie uns eine Mail oder füllen Sie das Kontaktformular aus. Adidas said its trademark consisted of “three parallel equidistant stripes of equal width applied to the product in whichever direction”. The EU General Court effectively removed protection for the trademark by dismissing the sportswear manufacturer’s appeal and confirming EUIPO’s earlier decision of invalidity. INTERNATIONAL - 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. This was not the first time Adidias had been brought before a court to defend the famous figurative mark with 3 stripes. In 2014 the German sportswear giant tried to establish a wider trademark for "three parallel equidistant stripes of equal width applied to the product in whichever direction". Adidas’s famous three stripes has been in use since the start, so much so that Adi actually called his business the three stripe company. The ruling can open the floodgates for legal action against Adidas’ 3-strip brand, Dr. Tim Meyer-Dulheuer of our law firm Dr. Meyer-Dulheuer & Partners LLP is quoted in the American business magazine Fortune, among others. Adidas was known for this branding early in its history, with its owner, Adolf Dassler, describing it as "The three stripe company". The CFI rejected the inverse colour representation of the mark as evidence of use of the mark and thus also denied distinctiveness through use. In that regard, Adidas claimed that the Board of Appeal had erred in its assessment, which it had inter alia held: (i) where a mark is very simple, even a slight difference could lead to a significant change in the characteristics of the mark as registered; (ii) the use of the mark in question in the form in which the colouring is reversed necessarily alters the distinctive character of that mark; The CFI rejected this challenge. The German symbol does not constitute a trademark, but an ordinary figurative trademark and … 25. The General Court confirmed the invalidity of one of the Adidas European Union trademarks, a trademark consisting of three parallel stripes on a light background. Adidas AG ADDYY 1.99% thinks so, but Europe’s second highest court ruled on Wednesday that the German sportswear … It described the mark as consisting of: “ three parallel equidistant stripes of identical width, applied on the product in any direction ”. Registration of a sign as a trade mark depends on certain criteria which must be assessed in the light of the factual circumstances of the case, the Court of First Instance held. However, Article 15(1) of Regulation No 207/2009 states that a trade mark may be used only where there are small differences which are not relevant to distinctive character. Read more: Berlin auctions off last pairs of public transit ticket sneakers on eBay. Context of the dispute In 2013, Adidas AG filed an application for registration of an EU trademark with the European Union Intellectual Property Office (EUIPO) for clothing, footwear and headgear. You can find more information in our data protection declaration. The only evidence of use of the Adidias 3-stripe mark of some relevance to the court was in five EU countries. Privacy Policy | Adidas loses important trademark litigation over the famous 3 strip trademark before the European Court. In 2014, EUIPO approved the trademark registration for "lll" (three stripes trademark at issue), in favor of Adidas, on "clothing, footwear and headgear" in class 25. Adidas has had a protracted history of rebuking companies that use allegedly similar designs to its signature Three Stripes, which was registered 70 years ago on a … Two years later, the EU Intellectual Property Office annulled Adidas' trademark, siding with the Belgian company's complaint. Karhu sells its three stripes trademark to a now well-known athletic shoe company that still uses it to this day. LUXEMBOURG: Adidas has failed in an attempt to broaden trademark protection for its three-stripes symbol in the European Union as rivals seek to muscle into the market for striped shoes and clothing. The general court of the European Union has said that the motif is nothing more than an "ordinary figurative mark". The simpler the mark, the less likely it is to have distinctive character and the more likely it is that an alteration of that mark will affect one of its essential characteristics and the perception of that mark by the relevant public, the CFI held. The court said Adidas had failed to show that its trademark of parallel stripes was distinct enough in the minds of European consumers. The ruling of the CFI has far-reaching consequences for all brand manufacturers. | Mobile version, Berlin auctions off last pairs of public transit ticket sneakers on eBay. [7] [8] Branding in sports Scotland national football team jersey made by Adidas, with the classic 3 stripes. [email protected], © Patent- & Rechtsanwaltskanzlei Meyer-Dulheuer MD Legal Patentanwälte PartG mbB. In 2014, Adidas registered the three stripes as a trademark with the European Union Intellectual Property Office (EUIPO). … Adidas has lost a bid to ban rivals from using its three-stripe symbol in the European Union. As such, the trademark "cannot, in the present case, be extrapolated to the entire territory of the EU.". Adidas loses bid to trademark its three-stripe logo. Although this is correct, the CFI confirmed, it applies above all to comprehensive distribution networks or similar knowledge of the trademark due to its geographical, cultural or linguistic proximity. However, this particular trademark opposition seems like quite the stretch and rather unnecessary for Adidas to show its … BERLIN—Are three stripes a trademark? These are three parallel running lines of the same length that are equally spaced and it is irrelevant in … Invalidity – What next? The ELEAGUE is facing its first speedbump after Adidas challenged their trademark for the famed “3 Stripes.” On October 10th, Adidas filed a 139-page USPTO notice and are challenging the trademark over concerns that it bares similaries to the three stripes before the name which may cause confusion in the future.. You might be thinking, why is Adidas concerned with an esports broadcasting … This ruling (EU:T:2019:427) can open the floodgates internationally for legal action against the 3-stripe mark. Nonetheless, there are still options left for adidas to uphold its iconic sign, as Casper Hemelrijk explains. Contact The “saga” continues: adidas lost one of its 3-stripe Trademarks in the EU. In 1991, the public saw a new logo version – three tilted stripes resembling a mountain. — However, Adi Dassler convinced the Finnish brand to sell the trademark to Adidas for roughly €1600 and “two bottles of whiskey”. The court called it "an ordinary figurative mark.". Subject: Adidas three stripe trademark and variations of the three stripe theme Category: Relationships and Society > Law Asked by: alexrpaul-ga List Price: $55.00: Posted: 14 Jun 2004 04:31 PDT Expires: 14 Jul 2004 04:31 PDT Question ID: 360734 I am interested in the Adidas three stripes brand/trademark and more specificaly what constitutes the three stripes of the Adidas logo. To resolve the dispute, Adolf Dassler, the founder of Adidas, purchased the trademark for the sum equivalent to 1,600 euro as of today and two bottles of whiskey. However, since the mark in question is a figurative mark without a word element and with very few characteristics, the use of three black stripes on a white background and the inherent contrast is an essential characteristic of the mark, namely the contrast between the three black stripes on the one hand and the white background and the white spaces between those stripes on the other. By the early 70s, the Adidas logo got three parallel stripes. Adidas loses important trademark litigation over the famous 3 strip trademark before the European Court. Adidas discovered that a major chain of clothing and footwear in Uruguay was selling sport shoes using a four stripe design, an element that infringed their trademark rights and constitutes an act of unfair competition. The General Court of the European Union on Wednesday backed a decision by EU intellectual property authorities that Adidas could not trademark three stripes. The applicant Adidas also argued that the contested mark was a “pattern” mark. The only function of the graphic representation of the mark at issue is to represent a design consisting of three parallel equidistant stripes, irrespective of the length of those stripes or the way in which they are cut, argued Adidas.