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Mrz 16, 2016
Imogen Fowler, Hogan Lovells, Alicante, Spain
Iza Junkar, Hogan Lovells, Alicante, Spain
First published on Lime Green IP, www.limegreenipnews.com

EU’s highest court shows its true stripes in support of...


Imogen Fowler, Hogan Lovells, Alicante, Spain, Iza Junkar, Hogan Lovells, Alicante, Spain, First published on Lime Green IP, www.limegreenipnews.comIn an Order on 17 February 2016 (Shoe Branding Europe v adidas in Case C-396/15P*) the Court of Justice of the European Union (“CJEU”), Europe’s highest Court, confirmed a decision of the General Court upholding adidas’ opposition against Shoe Branding’s Community trademark (“CTM”) application for two stripes positioned on a shoe. The Order confirmed the General Court’s finding that the trademark applied for was similar to adidas’ 3-stripes mark on footwear, and that there was both a likelihood of confusion and dilution under Articles 8(1)(b) and 8(5) of the CTM Regulation. In 2009 Shoe Branding filed a CTM application for the position mark for footwear in class 25. adidas opposed based on a number of its prior rights to the 3-stripes mark protected for identical goods. The opposition was dismissed by OHIM’s Opposition Division and by the Board of Appeal, which held that adidas’ 3-stripe mark could enjoy protection only against identical or  read more