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05-22-2018
Imogen Fowler, Hogan Lovells, Alicante, Spain
Iza Junkar, Hogan Lovells, Alicante, Spain
First published on Lime Green IP, www.limegreenipnews.com


adidas victorious again in defending its rights to the ...


Imogen Fowler, Hogan Lovells, Alicante, Spain, Iza Junkar, Hogan Lovells, Alicante, Spain, First published on Lime Green IP, www.limegreenipnews.comThe General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the long-standing trade mark dispute between adidas and Shoe Branding.
The cases involved Shoe Branding’s two applications for position marks showing a shoe with two stripes, one was applied for footwear in class 25 and the other was applied for safety footwear in class 9. The marks were represented in both applications. adidas opposed these two applications on the basis of its various rights to the Three Stripes Mark.
The opposition in relation to the application for class 25 proceeded to the General Court, which in 2015 upheld adidas’ view that the marks at issue were similar. This finding was upheld by the CJEU (see blogpost). Following these two EU Court decisions, the EUIPO’s Board of Appeal (BoA) upheld
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