Battle between two sportswear goliaths
A legal battle between sportswear goliaths Adidas and Nike recently concluded with a favourable decision for Nike, allowing the company to use a stripe pattern on its sports pants despite Adidas’ objections.
The dispute originated in 2022 when Adidas filed a complaint with the Düsseldorf Regional Court, alleging that Nike had unlawfully used Adidas’ iconic three-stripe design on several of its pants (I-20 U 120/23). The initial ruling sided with Adidas, prohibiting Nike from using the design across all of Germany for five specific pairs of pants.
However, on appeal to the 20th Civil Senate of the Düsseldorf Higher Regional Court, Nike achieved a more favourable outcome. The earlier decision was revised, narrowing the ban to just one of the five disputed pairs.
In its ruling, the court explained: “It is undisputed that Adidas brands its sportswear with three vertical stripes of equal width on the sides, each equidistant from the other. The relevant public is accustomed to this and sometimes perceives it as a reference to Adidas. However, this does not imply that every stripe pattern, irrespective of its specific design or the overall design of the garment, is automatically associated with Adidas.”
The court’s decision hinged on assessing the similarity between the two designs and determining whether a risk of confusion existed, especially given the notoriety of the Adidas three-stripe mark.
According to Article 6bis of the 1967 Paris Convention for the Protection of Industrial Property, which has been signed and ratified by 180 states, well-known marks receive special protection. This includes the obligation for contracting countries to prohibit the unauthorised use of such marks for identical or similar goods when such use could likely cause uncertainty.
In this instance, however, the court found that no such confusion was likely, except for one pair of pants. The ruling highlighted that while well-known marks are afforded broader protection due to their immediate recognition among consumers, this protection does not extend to cases where no risk of doubt exists. As a result, brands can use stripe patterns on their garments without inevitably leading to public scepticism about the origin of those products. The law seeks to strike a balance between protection and fair competition, so it is important to conduct market research to understand how consumers actually perceive your brand elements and whether similar designs truly pose a threat.
For those looking to protect their brand, the legal experts at ALATIS specialize in trademark protection and are well-equipped to assist you in evaluating potential risks. We would be pleased to offer our expertise in assessing your brand’s unique needs and guiding you through the appropriate legal strategies. Contact us at contact@alatis.eu.
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