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
Do not call me I’ll call you …… South Africa’s 2026 CPA Amendment Regulations: operationalising the national opt‑out regime for direct marketing and shifting day‑to‑day anti‑spam responsibility to the National Consumer Commission
by Ahmore Burger-Smidt, Director and Head of Regulatory The Consumer Protection Act Amendment Regulations, 2026 deliver the long‑awaited operational framework [...]
Business Rescue Applications Under Scrutiny: business rescue orders are not there for the taking!
by Eric Levenstein, Director and Head Insolvency & Business Rescue and Amy Mackechnie, Senior Associate This article considers the recent decision in [...]
The AI Arms Race and what it means for Competition Law: A new era or new focus
by Ahmore Burger-Smidt, Director and Head of Regulatory We are not in the habit of writing breathless technology briefings. That [...]
The AI Governance Stack and South Africa’s Draft National AI Policy: An Operational Gap in Search of a Framework
by Ahmore Burger-Smidt, Director and Head of Regulatory Author's Note I am presently reading Noah M Kenney's Governing Intelligence: Law, [...]
Speak now or forever hold your peace. The draft AI policy has been published and parties have 60 days to comment
by Ahmore Burger-Smidt, Director and Head of Regulatory On 10 April 2026, South Africa's Department of Communications and Digital Technologies [...]
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 4 – Exchange Control Update
by Deon Griessel, Director, Armand Swart, Director, Hlonelwa Lutuli, Associate and Khanyisa Tshoba, Associate In our previous article published on [...]
