This article deals with position trade marks, a topic of
increasing interest. The following quotes provide useful
insight into what a position trade mark is:
Quote 1:
'Position marks are non-traditional trademarks that protect
the specific placement or application of a sign on a product, like
the red soles on Christian Louboutin shoes, or the yellow stitching
on Dr. Martens boots, indicating brand origin through unique
location.'
Quote 2:
'This judgment is a must-read for trade mark practitioners,
showing as it does, some of the pitfalls with filing for position
marks, particularly around descriptions used.'
Adidas AG
Adidas AG ("Adidas") is, of course,
the company behind the iconic three-stripe trade mark used in
relation to sporting goods and apparel. A depiction of
Adidas' world famous trade mark is shown below together with a
problematic description of the trade mark:
