Legal updates and opinions
News / News
European Union: Adidas Ruling
By Donvay Wegierski, Director
The General court of the European Union recently upheld a 2016 ruling by the EU regulator thereby cancelling Adidas EU trade mark registration comprising three stripes depicted as:
This trade mark was filed in 2014 and the registration thereof challenged by Belgian company, Shoe Branding Europe. The General court ruled that this trade mark lacked distinctive character and is instead an ordinary figurative mark. The court found that the evidence adduced did not sufficiently show that the consumer, on seeing this three stripe mark applied to clothing, footwear and headgear in the EU would associate the mark with Adidas.
This judgement demonstrates the firm stance adopted by the EU when assessing distinctiveness. Since a trade mark grants the proprietor exclusivity to a mark in relation to the goods and services for which it is registered – in this instance clothing, footwear and headgear in class 25 – the distinctiveness requirement is absolute. The manner in which the trade mark was registered requires particular consideration being three black vertical stripes. Although the court did not find in favour of Adidas in this instance, the ruling may have no effect on the broad scope of protection that Adidas already has on its well-known three stripes registered in various forms in Europe and elsewhere.
If you would like to learn more about Intellectual Property please visit our practice area page.
Latest News
A Guide to The Johannesburg High Court – dedicated Insolvency Court Project
Published On: April 11th, 2025 by Eric Levenstein, Director and Head of Business Rescue & Insolvency, Amy Mackechnie, Senior Associate [...]
Whether non-parties to a collective agreement can refer a dispute about the interpretation and application of the collective agreement?
and Pumelela Mniki, Candidate Attorney The issue of whether non-parties to a collective agreement can declare a dispute about its [...]
Note On The Final Nedlac Report On The Labour Law Reform Process
and Anna Tchalov, Candidate Attorney and Gracie Sargood, Candidate Attorney Following negotiations between organised business, organised labour and government, the [...]
ROFR vs ROFO: Navigating Restrictions on the Transfer of Shares in Private Companies
and Emma Reid, Candidate Attorney ABSTRACT A memorandum of incorporation ("MOI") is a company's constitutional document which, amongst [...]
Navigating Section 197 in Public Service contracts: Lessons from the King Cetshwayo District Municipality case
and Mike Searle, Candidate Attorney Introduction : ISSUE In the case of King Cetshwayo District Municipality v Water and Sanitation [...]
Copycats beware, trade mark registration prevails
In January 2025 Thatchers Cider Company succeeded before the UK Court of Appeal ("CoA") against Aldi Stores Limited, the large [...]