Adidas loses bid for three-stripe trade mark in the EU
An EU court has told Adidas it cannot hold a trade mark for the use of three stripes "in any direction".
A ruling made yesterday by the General Court of the EU in Luxembourg has upheld a 2016 decision, preventing Adidas holding exclusive copyright of the use of three stripes on products in the European Union.
The court said that the graphic mark was "devoid of any distinctive character" for a trade mark.
"The mark is not a pattern mark composed of a series of regularly repetitive elements, but an ordinary figurative mark," it said.
Adidas "disappointed with the decision"
An Adidas spokesperson said that the company was disappointed at the court's ruling.
"This ruling is limited to this particular execution of the three-stripe mark and does not impact on the broad scope of protection that Adidas has on its well-known three-stripe mark in various forms in Europe," said the Adidas spokesperson. "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 three-stripe mark applied to our products in whichever direction in the future."
Particular mark not recognised all across EU
In particular, the court found that Adidas had failed to establish that three stripes applied in any direction across clothing and footwear was unique to the sportswear brand across EU member countries.
It was able to show that the mark was recog...
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