Head of Trade Marks and Partner Claire Breheny has recently been featured in Law360 following the latest Court of Appeal decision between Adidas and Thom Browne in, ‘Adidas Ruling Offers A Warning For Brands On Position Marks’.
The IP dispute involves the sportswear brand and fashion designer brand Thom Browne, who had already brought Adidas to court in 2021 regarding the IP protection of their three stripe design. In the latest edition of the case, the Court of Appeal referenced EU case law to demonstrate that Adidas were not protecting a ‘single sign’, and consequently did not uphold their arguments.
In her commentary, Claire highlights the importance of detail when applying for, and managing, position marks, as evidenced through the case. The example also shows how the court will not overlook ambiguity, and can be treated as a lesson to those considering such IP protection.
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