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Mai 08, 2018
Thibaut D’hulst, Van Bael & Bellis, Belgium
Eléonore Waterkeyn, Van Bael & Bellis, Belgium
First published on www.mondaq.com


European Union - Adidas Wins Battle against Belgian Sho...


Thibaut D’hulst, Van Bael & Bellis, Belgium, Eléonore Waterkeyn, Van Bael & Bellis, Belgium, First published on www.mondaq.comIn its judgment of 1 March 2018 in case T-629/16, the General Court of the European Union (the “Court”) dismissed the appeal brought by Shoe Branding Europe BVBA (“SB”) against the decision of the European Union Intellectual Property Office (“EUIPO”) to refuse registration for its trade mark following the opposition filed by Adidas AG (“Adidas”).
On 1 July 2009, SB filed an application for registration for an EU trade mark consisting of two parallel lines positioned on the outside surface of the upper part of a shoe, to be registered for “Footwear”. Adidas opposed the registration on the basis of Article 8(1) of Regulation No 207/2009 on the Community trade mark (the “TM Regulation”), now Regulation 2017/1001 on the European Union trade mark, i.e., the likelihood of confusion between the trade marks, and of Article 8(5) of the TM Regulation, i.e., SB’s taking unfair advantage of the reputation of the Adidas trade marks.
What followed was a long series of
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