Partner and member of the Intellectual Property Group Sally Britton was interviewed by the BBC News Channel to discuss the General Court's decision in relation to the registration of the Adidas three stripes in the EU.
This is a long running dispute with Belgian company Shoe Branding Europe. Adidas successfully challenged their two stripes mark and Shoe Branding retaliated by challenging Adidas' three stripes registration. The registration is for three black stripes against a white background.
The General Court decided that the evidence provided by Adidas, which mainly consisted of three white stripes against a black background, wasn't sufficient to establish acquired distinctiveness.
Sally said, "For a trade mark to function as a trade mark…it needs to be capable of distinguishing your goods and services from those of others.
"It’s a very interesting case but it's not the end of the story – I would expect it to be appealed to the Court of Justice."