Adidas claimed that Fitnessworld is breaching EU trademark laws using the logo on sports clothes. However, the European court disagreed, with Advocate-General Jacobs saying that Fitnessworld was using the double stripes as a decorative embellishment, not as a trademark.
The case will now be considered by the full court, with a final ruling due later in the year. There are wider implications should the judges agree with this ruling, as it could make it difficult for Adidas to restrict other companies from using striped logos on sports clothing.
EU trademark law protects brand owners in situations where confusion might arise on the part of the public. But brand owners have had trouble in turning the law into successful prosecution, as in the case of Arsenal and the street trader Matthew Reed. Arsenal eventually scored a victory in that case, but only after four years and hearings in the High Court, the European Court of Justice and the Court of Appeal.
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