Law360 (April 10, 2008, 12:00 AM EDT) -- Adidas AG has gone to court yet again to defend its well-known three-stripe trademark, this time winning the backing of the European Union's highest court.
The European Court of Justice ruled Thursday in favor of Adidas in a case it brought in the Netherlands against four competitors that use a two-stripe design on their products.
Those companies – Marca Mode, C&A, H&M Hennes, Mauritz and Vendex KBB – argued that stripes were protected by the requirement of availability, which states that simple motifs must be available to all.
The court rejected that argument, finding that the requirement of availability is not...
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