The Associated Press says that Adidas's main concern is the
similarity of the Polo jackets to its own range of jackets with
three stripes on the sleeves.
According to the Associated Press, the lawsuit alleges that the
Ralph Lauren line is "likely to deceive, confuse and mislead actual
and prospective purchasers into believing that apparel sold by
[Polo Ralph Lauren] is manufactured by, authorised by, or in some
manner associated with [Adidas], which it is not".
Adidas has apparently asked that all of the infringing Polo
products be recalled and destroyed.
Adidas has not always been successful in preventing others from
using stripes on their products. Last year the company lost a case
against UK company Fitnessworld Trading Ltd over sportswear that
included two parallel stripes on either side seam.
Europe's highest court said that the proprietor of a trade mark
with a reputation cannot prevent the use of a similar sign viewed
purely as a decorative motif.
But, said the Court, there can be an infringement to a mark with
a reputation when the degree of similarity between that mark and
the sign has the effect that the public establishes a link between
the sign and the mark without necessarily confusing them. The key
would appear to be showing that the public has established a link
between sign and mark.
