Adidas averts registration of two parallel stripes on shoes as a trademark

Adidas was able to suceed in front of the General Court of the European Union in averting the registration of two parallel stripes on shoes as a European Trademark for Shoe Branding Europe.The Court found that there is a likelihood that the marks applied for in the present case unfairly exploit the earlier Adidas mark consisting of the representation of three parallel stripes on a shoe (judgments of 01.03.2018, Case No: T-85/16 and T-629/16).The ECJ has now dismissed the actions brought by Shoe Branding Europe against the two decisions of EUIPO. The EUIPO’s assessment that, inter alia, it is likely that the use of the marks applied for will unfairly exploit the reputation of the Adidas mark and that Shoe Branding Europe has not provided a justifying reason for using the marks applied for was free of error.