GERMAN SPORTSWEAR GIANT Adidas has lost a legal battle to trademark its “three stripe” motif in the EU, as a court ruled the design was not distinctive enough to deserve protection.
The three parallel stripes seen adorning everything from running shoes to sports bags and the sleeves of t-shirts are “an ordinary figurative mark”, the General Court of the European Union ruled.
The court, the EU’s second highest tribunal, upheld a 2016 ruling by the bloc’s intellectual property regulator cancelling the registration of the three-stripe design as a trademark following a challenge by a Belgian shoe company.
“The General Court of the EU confirms the invalidity of the Adidas EU trade mark which consists of three parallel stripes applied in any direction,” the court said in a statement.
Adidas had not proved the motif had acquired a “distinctive character” throughout the 28 countries of the bloc that would qualify for legal protection, the court said.
“The mark is not a pattern mark composed of a series of regularly repetitive elements, but an ordinary figurative mark,” the court said.
The ruling is the latest round in a long legal tussle between Adidas and Belgian rival Shoe Branding Europe, which as far back as 2009 won trademark status for a two-stripe design, triggering court action from the German firm.
Adidas said in a statement it was “disappointed” with the ruling, but said it only applied to one specific version of the motif — three thick black lines in parallel separated by two thinner white lines.
The ruling “does not impact on the broad scope of protection that Adidas has on its well-known 3-Stripe mark in various forms in Europe,” the company said.
“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.”
Adidas said it had not decided whether to appeal against Wednesday’s decision at the European Court of Justice, the bloc’s highest court.
– AFP 2019, originally published at 11.15
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dunnes have runners with four stripes and 4 is more than 3 so they must be better….
@Liam Meade: well definitely make you go faster anyway. 33% faster
@Seaniecp: ahh, but only if they are go faster stripes Seanie….
@Seaniecp: or would addidas be 25% slower ?
@Liam Meade: yeah Striders man pee all over adidas any day
@Liam Meade: mine are faster because there Red.
O’Neill’s have had three stripes for donkeys years now!
@Darren Bates: only in Ireland though
@Noel Kelly: not in the north of Ireland tho… Just the 26.
You’ll see most northern county jerseys and gear for sale to the public has only 2 stripes
@Aidan Mitchell: I have multiple jerseys from northern counties with 3 stripes so that can’t be true
@Aidan Mitchell: where did you just pull that from?
@Aidan Mitchell: Any O’Neill’s jerseys sent out to Australia only have 2 stripes also
@John Black: Sorry not jerseys shorts or socks. But tracksuits, hoodie, zippys, tshirts, , polo’s…. Go to oneills.com and compare the 6 counties to the 26. No 3 stripes for sale in the 6.
And also look at club gear for international teams in USA, Canada, Australia. Mostly all 2 stripes. Ways around it tho..
@Darren Bates: oneills got away with it by claiming it was a white block with 2 stripes of colour on it istead of it being three stand alone white stripes. However they cant do it outside or roi
O’Neill’s can continue replicating their jerseys now
It seems a strange decision. I know 3 stripes is not that original. But that at the angle and going from short to long, there’s no mistaken them for anything else. It’s as recognizable as the Nike logo in my opinion.
@Thefallguy: It’s not really that logo in the photo that’s in question, rather the general practice of 3 parallel stripes denoting Adidas, eg running down a sleeve
@Squiddley Diddley: ahh I got you now. Cheers
My stripes were taken off me by the Mrs
Sweat shops for fakes are in overdrive everywhere now
I remember Kerry had a Adidas kit in 80′s classic for one year though as there was outrage about it
@Ossi Fritsche: gaa jerseys had a rule they had to be manufactured in Ireland, keeping jobs at home etc.
So kerry were effectively breaking the rules
@Aidan Mitchell: think because of that they had to be made under licence in Cork at the time
@Ossi Fritsche: especially when they washed it in a BENDIX !
@Valthebear: correct, so no sweatshop, no profit. Adidas lost money on them
Three strikes and you’re out!
Sergeants everywhere breathe a sigh of relief.
A Dream I Dreamt About Stripes
Can only get Bulmers jungle juice in Ireland …
Everywhere else it’s Bleedin Magners
@Rodney Williams: on account of there being a different, unrelated, cider company in the UK called Bulmers. The chances!
@RhinoDino: Not actually unrelated, the Bulmers UK once owned 50% of the Irish company and increased production. Later on they sold their share back to the original Irish company. As Magner was the founder they went with that name when launching in the UK and internationally.
Why don’t you show an image of the relevant logo???? Misleading article
@Arya: Whether or not one wishes to comment upon the weather, it is hardly acceptable to replicate the very mentality that you so negatively allude to.
@Vocal Outrage: I am not replicating it. It was the irony in the comment. It was really hilarious.
ALDIdas will be thrilled. What a F#*k EU to anyone with a reputable brand. That Rloex crown is not distinctive enough either, come to think of it. Not sure if I’m telling the time or sending a Hallmark card. FFS, Alfa Romeo are about the only ones safe from EU approved brand piracy. Being ruled by Belgium is awesome!
Those 3 Stripes are my Intellectual Property The have been on an old UNDERPANTS of Mine
3 Stripes and your out