In trademark news -- Adidas may lose protection for its stripes: Before the European Court of Justice, the Advocate-General today delivered an advisory opinion recommending dismissal of Adidas' case against a Dutch sportswear manufacturer that uses a two-stripe trim on its clothing similar to Adidas' signature three-stripe insignia. Though European Union law permits trademarks to be safeguarded against dilution and "free-riding," the AG opinion stated that a "simple decorative embellishment" was not a trademark, and that differences between the two product lines should be assessed "solely on the basis of the degree of sensory or conceptual similarity between them." See Guardian Unlimited for the complete story.
Posted by franchiselawblog at July 10, 2003 12:34 PM