Adidas stripes given off-side due to lack of ‘distinctive character’

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Adidas stripes given off-side due to lack of ‘distinctive character’
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An EU court says the three parallel stripes do not constitute a valid trademark, delighting Belgium’s Shoe Branding, which uses two stripes

Adidas can still appeal to the European Court of Justice. Picture:123RF/EL ROI

The General Court of the EU said it upheld a decision of the European Intellectual Property Office in 2016 to annul a previous decision to accept the mark. However, it was challenged by Belgian company Shoe Branding Europe, with which Adidas has been in a decade-long dispute. Adidas needed to show the mark had acquired a “distinctive character” throughout the EU based on its use so that consumers inherently knew a product was from Adidas and could distinguish it from products of another company.

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