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.
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.
