Adidas has sued Abercrombie & Fitch for trade mark
infringement after the US clothing retailer used a three-stripe
design on a new line of casual clothes, according to reports.
Adidas has asked that infringing products be recalled and
destroyed.12 Jan 2005
According to the Associated Press, the Portland, Oregon lawsuit says the A&F range of trousers and a sweat shirt have stripes too similar to the German sportswear company's own well-known trade mark consisting of three parallel stripes.
Last year Adidas 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 the Court said 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.