In a significant legal development, Nike has been permitted to include three stripes on some of its trouser designs in Germany. This decision came from a court ruling on 28 May during a second appeal hearing between Nike and Adidas.
Background of the Case
The dispute began when the Duesseldorf regional court initially banned Nike from using two or three stripes on five of its trouser designs following a trade mark violation lawsuit filed by Adidas in 2022. Adidas, known for its iconic three-stripe trade mark, has been vigilant in protecting its brand. According to court documents, Adidas has pursued more than 90 lawsuits and signed over 200 settlement agreements related to its three-stripe trade mark since 2008.
The Latest Ruling
In the recent ruling, the court partially overturned its previous decision, allowing Nike to use the three-stripe design on four out of the five disputed trouser designs. However, the ban remains in place for one design. This decision highlights the challenges in protecting stripe designs in the sportswear industry, where stripes are often viewed as decorative rather than distinctive branding elements.
Implications for the Industry
This case illustrates the increasing difficulty sportswear companies face in protecting stripe patterns. Stripes on clothing are frequently seen as aesthetic rather than trade mark identifiers. Consequently, sportswear brands are encouraged to develop more distinctive and recognisable branding strategies that go beyond simple stripe patterns.
Strategic Design Choices
Nike’s victory was aided by specific design choices. In three instances, the combination of Nike’s signature “Swoosh” logo with two side stripes was deemed non-infringing. In the fourth case, the three-stripe design was allowed due to the unique arrangement of the stripes and their use in a football team’s club colours, which the court found to reduce the risk of brand confusion.
Broader Context
Adidas’s rigorous protection of its three-stripe trade mark is well-documented. Last year, Adidas withdrew a request to the US authorities to reject a Black Lives Matter trademark application featuring three parallel yellow stripes, fearing that opposition could be perceived as criticism of the anti-racism organisation.
Conclusion
The court’s decision allows Nike to use the three-stripe design on four of its trouser models while maintaining a ban on one. This ruling partially overturns the earlier decision and underscores the complexity of trademark protection in the fashion and sportswear industries. It serves as a reminder for companies to invest in distinctive branding strategies to avoid legal disputes and protect their intellectual property.
For businesses experiencing similar challenges, consulting with intellectual property specialists, like those at National Business Register is crucial. Our expertise can help you safeguard your brand and develop effective strategies for protecting your trademarks.
Looking for IP or Trade Mark Protection for Your Brand?
If you wish to gain exclusive rights to your business name, logo, tag line or design within the UK or globally, National Business Register Group (NBR) has been assisting businesses with trademarks and brand protection since 1984. Contact NBR on Info@nbrg.co.uk or by calling 0800 069 9090.
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