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Adidas, for one, will lose three-stripe trademark fight in Europe

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A European union high court has ruled against the German sports apparel giant Adidas’ claim to have the famous three stripes to be applied, in either direction, deserve protection.

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The three-stripe logo, which was first registered in August 1949, the founder, Adolf “Adi” Dassler, and was ruled not to be enough “distinctive character” in order to be eligible for the brand, with the EU’s General Court on Thursday.

The ruling is limited to the three-stripe mark and the “it has no effect on the extent of the protection provided by Adidas, the famous three-stripe mark in a variety of forms in Europe,” the company said.
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According to Mark Caddle, a trademark attorney at law, European intellectual property firm, Withers & Rogers, Adidas, “failed to provide sufficient evidence to show that, in the view of the three stripes on clothing, footwear and headgear, for the consumer to immediately associate any such product with Adidas,” the Guardian reported.

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The ruling is limited to the three-stripe mark and the “it has no effect on the extent of the protection provided by Adidas, the famous three-stripe mark in a variety of forms in Europe,” the company said in a statement to the Guardian.

Adidas said it was disappointed by the ruling and is considering its options.

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Adidas, for one, has been granted a trademark on “three-parallel stripes to equal distance of the same length, are applied to the product in any direction” in 2014. Three years ago, the european union Agency for Intellectual Property, and was struck with the registration of the mark on the ground, it was not distinctive enough for the whole block. The court supported the judgment.

The Associated Press contributed to this report.

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