In a trademark dispute that has now been decided before the European Court of Justice (ECJ), the sporting goods manufacturer Adidas was deprived of the rights to one of its “stripes” trademarks. Specifically, the proceedings concerned the vertical black stripes against a white background. Adidas was unable to demonstrate that precisely this sign would be recognized by the targeted consumers throughout Europe. Other typical Adidas marks (including the diagonal stripes) are not affected by the cancellation. In fact, the sporting goods manufacturer had successfully defended these against attacks in the past (ECJ, judgment of June 19, 2019, Ref.: T-307/17).
Trademark application in bad faith as leverage in competition
Trademark applications in bad faith: How abusive registrations lead to a blocking position and circumvent competition law – an EGC case.