Adidas Three-Stripe Design Gets EU Court Backing

Law360, New York (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...
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