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Tag Archives: Adidas

April Madness, the NCAA’s One Month Buffer?

Posted in Articles, Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, Trademarks

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations. Does “April Madness” fall within the NCAA’s scope of trademark rights for “March Madness“? Likelihood of confusion? Is “March Madness” a famous mark deserving protection from dilution? How… Continue Reading

Stripe Three, Adidas Called a Trademark Bully

Posted in Agreements, Articles, Branding, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Trademark Bullying, Trademarks

Trademark bullying allegations are in the news again. Not only is Forever 21 calling Adidas a trademark bully for asserting rights in the three stripe design mark, it is asking a federal court to say it has not done anything wrong and award it fees: “Tired of operating with a cloud over its head with… Continue Reading

Adidas v. Puma: Another three-stripe lawsuit

Posted in Branding, Famous Marks, Fashion, Infringement, Marketing

We’ve written on several occasions (for example, here, here, and here) about the aggressive policing by Adidas of its well-known “three-stripe” mark for shoes, including attempts to enforce its mark against other two-stripe or four-stripe designs (with some success). Adidas is at it again, with a new lawsuit asserting trademark infringement based on Puma’s four-stripe design for a… Continue Reading

Game, Stripes, Match…No Love Between Skechers & Adidas

Posted in Advertising, Fashion, Non-Traditional Trademarks, Product Configurations, Trademarks

Maybe I haven’t quite accepted the fact that the US Open and New York Fashion Week are over and September almost is too, but stories on tennis and fashion always get my attention, especially when they include a little intellectual property infringement flair. The Stan Smith shoe is a legendary shoe design from Adidas named… Continue Reading

Topics of Conversation for Your College Football Playoff Party

Posted in Branding, Famous Marks, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

– Draeke Weseman, Weseman Law Office, PLLC On Monday, the University of Oregon and The Ohio State University will play in college football’s first College Football Playoff championship game. DuetsBlog has previously covered the trademark issues surrounding BCS Properties’ attempt to register College Football Playoff as a trademark in connection with college football playoff games… Continue Reading

Has Brand Jordan Stepped Out of Bounds?

Posted in Branding, Fashion, Guest Bloggers, Mixed Bag of Nuts, Trademarks, TTAB

– Draeke Weseman, Weseman Law Office, PLLC In 1984, Nike needed an NBA superstar. Magic Johnson and Larry Bird wore Converse brand basketball shoes, as did most of the other major NBA stars. Adding to the pressure, Nike sales were in general decline as Reebok was dominating the broader fitness shoe market with its white… Continue Reading

Nike and Adidas on the Same Team?

Posted in Branding, Dilution, Famous Marks, Marketing, Non-Traditional Trademarks, Trademarks

Knowing how Adidas (or should I say, adidas) jealously guards its three stripe design on shoes, and is notorious for protecting against not only three, but two and four stripe buffers as well, my eyes were drawn to this display of Nike Shox sport shoes at our local Finish Line retail store. While I suppose different… Continue Reading

Hershey Bar Configuration Mark Allowed

Posted in Non-Traditional Trademarks, Product Configurations

–Dan Kelly, Attorney Late last month, Hershey Chocolate and Confectionary Corporation won an appeal at the Trademark Trial and Appeal Board to register the following as a configuration mark for use in connection with candy and chocolate: The decision (opinion here) is straightforward and not precedential.  It is somewhat interesting in that Hershey had already… Continue Reading

Louboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation

Posted in Articles, Branding, Fair Use, Infringement, International, Law Suits, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks

The Louboutin lacquered red sole trademark is the subject of great debate in the trademark world, fashion industry, popular news media, and among law school academics and friends of the court. I’m just not seeing it. I really don’t see a viable trademark claim here for Louboutin. Not for the reasons found by the district court — I… Continue Reading

lower case branding & visual identity

Posted in Branding

Just so you know, it about pushed me over the edge to have a blog post title with no capitalization. Not even one letter. In other words, all minuscules, no majuscules. It doesn’t seem right — to me anyway, as a trademark type. Just like the first letter in the first word of a sentence must be a… Continue Reading

False Start? Riedell v. Adidas

Posted in Branding, Famous Marks, Law Suits, Trademarks

  Last month there was some press about a pair of trademark infringement lawsuits between Adidas (sorry marketing types, I just can’t do the lower case letter "a" in "adidas") and Riedell over the number of stripes appearing on their sports footwear products. You may recall, while we’re on the subject of stripes, that I previously… Continue Reading

To Sponsor or Ambush?

Posted in Advertising, Infringement

–Susan Perera, Attorney The World Cup has come to a close. Have you fallen into football withdrawal? Well don’t despair, I thought we could enjoy it a bit longer with a discussion of ambush marketing and some of the advertising campaigns that came out of this year’s championship. Clearly, major sporting events are financed largely by sponsorships,… Continue Reading

Counting By Numbers, or Stripes? A Likelihood of Confusion Tale.

Posted in Branding, Domain Names, Infringement, Law Suits, Marketing, Trademarks

     When it comes to scope of rights and trademark enforcement, as a trademark type, it’s hard not to admire Adidas’ success in preventing the use of two, three, and four stripes, when its long-standing federally-registered design mark consists of three stripes. At least in the U.S., Adidas appears to have gained a one… Continue Reading