Adidas, the brand with the three stripes?
In its judgment T-307/17 of 19 June 2019, the EGC held that Adidas did not possess trade mark rights to three parallel stripes per se, in particular that the three stripes could be protected for all positions and directions. The Court thus confirmed a decision of the EUIPO. The court stated that Adidas had not proved that the mark had acquired distinctiveness through use throughout the EU, although 96.5 percent of Germans think of Adidas for the three stripes in relation to sportswear. Much of the evidence submitted by Adidas is invalid because it shows, for example, reverse colour schemes - white stripes on a black background instead of black stripes on a white background. EUIPO had registered the logo as a figurative mark for clothing, shoes and headgear. The Belgian company Shoe Branding Europe, which also produces sporting goods, had filed an opposition against the trademark. Finally, Adidas appealed against this decision, which has now been confirmed by the court in Luxembourg. Whether Adidas will appeal to the Court of Justice (ECJ) is still open.