across the bar

3 stripes not 4

by Steve - Posted 08 February 2012

In the recent case of Adidas v Pep Stores, the Western Cape High Court held that the famous Adidas 3 stripe branding, which is registered as a trade mark in SA, did not grant a monopoly to Adidas for the use of any number of equal distance, parallel stripes on shoes and sportware. Pep Stores had been using 2 and 4 stripes on a number of ranges.

The court applied good common sense and held that the average consumer was not likely to be confused to the point that an association may be made between Pep's footwear and Adidas' famous brand.