Adidas Claims EU Ruling on Trademark Only Affects One Iteration
June 19 2019 - 6:08AM
Dow Jones News
By Anthony Shevlin
Adidas AG (ADS.XE) expressed disappointment with a European
court's ruling on Wednesday that its three-stripe trademark was
invalid, but the German sporting-goods company said the ruling only
affected one particular execution of the three-stripe mark.
The EU's General Court upheld an annulment decision by the
European Union Intellectual Property Office which claimed the mark
was devoid of any distinctive character, both inherent and acquired
through use.
"The General Court notes that the mark is not a pattern mark
composed of a series of regularly repetitive elements, but an
ordinary figurative mark," the court said.
The court said other forms of use which don't respect the other
essential characteristics of the mark such as its color can't be
taken into account.
"Therefore, EUIPO was correct to dismiss numerous pieces of
evidence produced by Adidas on the grounds that they concern other
signs such as, in particular, signs for which the color scheme had
been reversed," said the court.
Adidas said the decision doesn't impact the broad scope of
protection that it has on its three-stripe mark in various forms in
Europe.
"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," Adidas said.
Write to Anthony Shevlin at anthony.shevlin@dowjones.com;
@anthony_shevlin
(END) Dow Jones Newswires
June 19, 2019 05:53 ET (09:53 GMT)
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