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
Werksmans Tax Brief
by Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys 2020 Tax Amendments Introduction On 28 October 2020, when the Minister [...]
The Deposit Insurance Funding model and the implications for banks
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The South African Reserve Bank ("SARB") recently published a [...]
Potential Emigrants, Beware
By Anuschka Wischnewski, Associate Reviewed by Ernest Mazansky, Head of Tax Practice Currently, the Income Tax Act, 1962 (the Act) [...]
Proposed Amendments to the Domestic Violence Act
by Dakalo Singo, Director Domestic violence – and gender-based violence in particular – is arguably the most significant societal plague [...]
IFLR1000 Rankings
IFLR1000 has released its latest rankings which reflects our market standing within the financial and corporate practice areas. This is a [...]
Constitutional Court to finally give clarity on hate speech
by Harold Jacobs, Director and Dakalo Singo, Director On 22 September 2020, the Constitutional Court heard arguments in the case [...]
