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
Are your trade marks filed properly? Key issues to consider in trade mark protection.
We refer to the article in the February 2017 edition of LegalWerks which dealt with the dangers of choosing a [...]
2017/2018 budget proposals – Tax overview
INTRODUCTION While the increase in the maximum marginal rate for individuals to 45% was widely forecast, with trusts being [...]
Update: agreement on the National Minimum Wage signed
On 8 February 2017, Fin24 reported that according to the Federation of Unions of South Africa, an agreement had been [...]
Fixed term employment and procedural fairness in large scale retrenchments
ISSUE(S) Whether the employees' fixed term contracts had terminated by operation of law having regard to section 196B of [...]
Legislative update
DRAFT CODE OF GOOD PRACTICE ON EQUAL PAY FOR WORK OF EQUAL VALUE The Minister of Labour published the [...]
Top ten risks for creditors of companies going into Business Rescue in 2017
Continued pressure on business and world economies appears to continue into 2017. In South Africa, 2016 has seen several companies [...]
