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Solmu · August 9th, 2008

Quote:

Originally Posted by DREAMGLASS


	I was wearing baseball boots thirty years ago that have the same stripe pattern that Adidas is now attempting to claim legal right to.

Maybe they were knock-offs

(Adidas has been around in one form or another since 1924...)

CUSTOM UK · August 9th, 2008

Quote:

Originally Posted by Solmu


	Maybe they were knock-offs (Adidas has* been around in one form or another since 1924...)*

Sorry to disappoint you, but I wouldn't be seen dead in anything that Adidas sells, whether it be footwear, or clothing. That includes 'lookalikes' too.

cityratt · August 9th, 2008

I like Adidas, but this lawsuit is ridiculous. 3 stripes is much too vague a "logo" to try and monopolize on. The Nike swish is much more distinctive and I would understand the suit if it were based on something similar.

If I put down 3 pencils in a row will the Adidas legal team come after me with a subpoena? Gimmie a break.

OK, if the lawsuit only applied to stripes on sneakers, I'd understand, but all sports apparel? Comon Adidas!

AustinJeff · August 9th, 2008

Based on the reporting, this opinion seems completely ridiculous at first. However, if you look closely at the facts of the case, it's clearly...well...it's still ridiculous, but maybe not quite as absurd.

The photo below is the H&K garment that got them in trouble. It's two stripes, but I suppose that I could see how someone maybe might possibly confuse this with Adidas. Maybe.

(By the way, this photo is part of the evidence of the case, and as such, it is permissible under the Fair Use doctrine to reproduce it for purposes of commentary on the case.)

Also, this case is the perfect example of why so many posters here often tell people that they need to talk to an intellectual property lawyer. I'm sure that if someone had posted a question here asking if it was OK to produce a long sleeve shirt with two stripes running down the sleeve, plenty of people would have told them that of course it was OK, with the implication that anyone who would disagree must be at least slightly bonkers. Yet here it is.

cityratt · August 9th, 2008

Wow you've got to be kidding me! 2 STRIPES? It's even more ludicrous than I thought. I at least would think the lawsuit involved garments with the 3 stripe, Adidas style appearance. What, does Adidas own all stripes now? Are they gonna sue Bill Murray for his role in the movie "Stripes"?

Trying to control the very vague "3 stripes" is kinda silly in itself, but at least one could somewhat understand the similarities between that and Adidas products. It seems that they don't want anyone to use stripes on anything, which in my opinion is going way over the line. They cannot own the concept of stripes I'm sorry. I can't imagine that there isn't more to it than what's represented here.

It's like saying that no one can use the moon in any images because people might associate it with the Honeymooners.

cirvine2 · August 10th, 2008

where does that leave a brand like K-SWISS?

Progeny · August 10th, 2008

Yeah K-Swiss have stripes in their logo and designs.

Wombat · August 14th, 2008

In the adidas/payless case, payless was ordered to pay 304 million in total damages...7 Times there profit margin...

Adidas has asked Walmart twice to stop selling striped shoes...Walmart basically told them to take a hike...

Some forecasters are predicting that Adidas may be awarded well into the billions of dollars if the jury in the adidas/walmart case follows the same forumla for damages that was awarded in the payless case...

Wombat · August 14th, 2008

Quote:

Originally Posted by Progeny


	Yeah K-Swiss have stripes in their logo and designs.

Interestingly enough, K-Swiss is also suing payless...Adidas has gone after over 50 companies since 1994 for trademark infingement...From what i'm reading, they are going after anyone who uses two thru four stripes...

I guess they are leaving K-Swiss at the moment out of it...However it will be something if Payless has to pay K-Swiss a huge amount and then adidas then goes after K-Swiss...

Anyone who has been inside a payless shoe store knows that they totally rip off other companies with there cheap imitations...Walmart does the same...

Progeny · August 14th, 2008

I suppose if a company rips off another then they deserve what they get, but this business of going after anyone using stripes is a bit much. If Adidas carry on they will make more money suing other companies than on sales of their garments!

daveym · August 16th, 2008

yes but how far does this go...i am slightly confused! I'm in the process of purchasing a wholesale order of conference bags to re-sell on my website with my printed designs. The bags have 2 lines running down which do look similar to addidas' 3 lines...but what lines don't look similar to other lines...How far can they take this!!!

Does this mean if i print my design on these bags i'm the one that gets in trouble or are they after the manufacturers or large companies! This affects every company across the world in the way they market their products! Lines are used every day for everything!

Funnily enough before i even read this post, i was in the process of ordering a wholesale lot of t shirts that have 2 stripe lines on the running down the shoulders...should i refrain from buying these & could i get into trouble if i printed onto these shirts and re-sold them on the internet.

There are many garment providers for the printing industry that sell t-shirts with 2 stripe pipping on the shoulders & in other cases, running down the hem...Does this mean us printers can no longer print onto these gamrnets for fear of getting sued if we re-sell with our own designs!

Progeny · August 17th, 2008

I'm not a lawyer, I did sit next to one once on a train but I would say it's the manufacturers that would be sued IF they refused to stop making the products with stripes. By the time they got round to you I would hope you had sold all those items, even then they would have to send you a cease and desist letter, even then are you worth bothering with!

I think they will go after all the major companies first and filter down the rest as and when. My personal view is you would not have a problem buying those items (yet).

Lee

AustinJeff · August 17th, 2008

Quote:

Originally Posted by Progeny


	I'm not a lawyer, I did sit next to one once on a train but I would say it's the manufacturers that would be sued IF they refused to stop making the products with stripes.

I'm not a lawyer either, but I would think there's a good chance they would do just the opposite.

Maybe the manufacturers has lots of money, so suing them would be costly. Or maybe, in the case of more blatant infringements, the manufacturer is hard to find. Or the manufacturer is in a country that doesn't require its citizens to play by the rules.

If you are just looking to stop the infringement, why not just go after the retailer who has far fewer resources. You win the case and set a precedent that will apply upstream to the manufacturer.

Also, you state that the manufacturer will be sued IF they refuse to stop infringing. Although that's usually the way it's handled, it's not required by law. A trademark holder does not necessarily have an obligation to send a cease and desist letter. It's quite possible that the first that you would hear about a potential problem would be a summons to appear before the court. Or Homeland Security might show up at your door. This does happen.

daveym · August 17th, 2008

after sifting through many websites and news on this case...the latest & most up to date information is that this case is still on going! Adidas won the battle over the 3 stripes issue, but this has been an ongoing case lasting 6 years!

They are still seeking to stop companies using 2 & 4 stripes but this hasn't been yet been granted & it could be upto 2 years before a decision is made!

Solmu · August 17th, 2008

Quote:

Originally Posted by AustinJeff

Quote:

Originally Posted by Progeny

I would say it's the manufacturers that would be sued IF they refused to stop making the products with stripes.

I'm not a lawyer either, but I would think there's a good chance they would do just the opposite.

For now at least they seem to be going after moderately large companies where the payoff is good, but they also have a decent chance of winning. Then with those under their belt (case precedent) they've been moving up to larger and larger opponents.

Which says nothing concrete about what they may or may not do with smaller fish (though it does suggest), but it's an interesting (sensible) strategy for their overall plan.

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