March 2008
Adidas: Who owns these stripes?
Designers pay attention.
A decision is pending in the European Court of Justice (ECJ) that may impact on the use of stripes on clothing as well as on other products.
The ECJ has been asked to consider to what extent the famous brand Adidas can stop others from using ‘stripes’ on clothing and other products if these are confusingly similar or even ‘allude to’ the recognisable 3-stripe Adidas mark.
Background:
Adidas, the German sportswear-company was named after its creator Adi Dassler and its 3-stripe pattern was registered as a trade mark in 1949. By investing heavily in publicity campaigns featuring the 3-stripe motif, the motif has become well known and easily recognisable to the public.
Today, Adidas enjoys the position of being one of the most recognisable trade marks in the world with a brand awareness world wide of over 90%.
The Decision:
The ECJ has been asked to consider if there is a Public Interest argument to limit Adidas’ rights to restrict use by others of stripes on products.
Whilst this decision relates to a Court case in Holland, ECJ decisions are binding on UK Courts and therefore the decision will impact on the law in the UK.
Briffa Comment
At stake in this decision is the extent to which brands that are very well known can restrict the actions of others in the market place.
Clearly stripes are a very usual pattern / motif and it is therefore arguable that there is a public interest argument to prevent Adidas gaining a monopoly of stripes as a whole. However, if the nature of the stripes is such that by their size, shape or even angle and positioning on clothing they are perceived by the public to be an indication of (Adidas) origin, we would argue that this right should be protected.
Briffa eagerly awaits this decision and we will, of course, report back to you as soon as it is available.