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
Truworths vs Ackermans: the importance of carefully selecting a trade mark
Ackermans has recently been successful in a precedent setting trade mark dispute against Truworths which was heard by the Supreme [...]
Environmental legal compliance evaluations, an indispensable risk management tool
The awareness of environmental harms being inflicted by industry is continually growing due, firstly, to the ever increasing visual presence [...]
The requirements for the transfer of a business as a going concern
ISSUE What is the proper test for determining whether a transfer of a business as a going concern has [...]
South Africa’s Business Rescue regime – firing on all cylinders?
The downturn in world economies has placed business under severe pressure in the last few years. In South Africa, the [...]
Ambit of inspector powers under Section 54 of the Mine Health and Safety Act 29 of 1996 clarified
At its core the Mine Health and Safety Act No 29 of 1996 ("MHSA") aims to promote a culture of [...]
Prescription of claims: on-demand loans
A loan which is repayable on demand becomes due the moment it is advanced to the debtor. Accordingly, such a [...]
