When one thinks of Adidas, one inevitably thinks of
. But does one think of Adidas, when one sees this
?
Confused?! Don't be. In simpler words, the question was
whether the three stripes, used in any direction are closely
associated with the German sportswear manufacturer Adidas? Adidas
has sought to protect the three parallel stripes as their
trademark. The trademark was granted by the EUIPO. However, in a
dispute between Adidas and Shoe Branding Europe, a Belgian company,
the validity of this Logo was challenged. It was declared invalid
by the EUIPO Board of Appeal for lack of distinctiveness. Adidas
then appealed to the General Court, contending that the Logo had
acquired distinctive character due to its extensive and continuous
use. It also presented several proofs to show the extensive use of
the mark globally. Accordingly to Adidas's claim, the Logo of
three stripes was so closely associated with Adidas, that the
general public associated a logo of three