Adidas loses EU court battle over 'three stripe' design

Adidas won't lose its stripes, but could lose the ability to prevent competitors from using similar designs in the EU

Luxembourg (AFP) - German sportswear giant Adidas on Wednesday lost a legal battle to trademark its “three stripe” motif in the EU, as a court ruled the design was not distinctive enough to deserve protection.

The three parallel stripes seen adorning everything from running shoes to sports bags and the sleeves of t-shirts are “an ordinary figurative mark”, the General Court of the European Union ruled.

The court, the EU’s second highest tribunal, upheld a 2016 ruling by the bloc’s intellectual property regulator cancelling the registration of the three-stripe design as a trademark following a challenge by a Belgian shoe company.

“The General Court of the EU confirms the invalidity of the Adidas EU trade mark which consists of three parallel stripes applied in any direction,” the court said in a statement.

Adidas had not proved the motif had acquired a “distinctive character” throughout the 28 countries of the bloc that would qualify for legal protection, the court said.

“The mark is not a pattern mark composed of a series of regularly repetitive elements, but an ordinary figurative mark,” the court said.

The ruling is the latest round in a long legal tussle between Adidas and Belgian rival Shoe Branding Europe, which as far back as 2009 won trademark status for a two-stripe design, triggering court action from the German firm.

Adidas can appeal against Wednesday’s decision to the European Court of Justice, the bloc’s highest court.