Few companies protect their logo with as much fire as sportswear manufacturer Adidas. If the German concern sees three stripes on clothing, it almost immediately goes on the offensive. In the last 15 years alone, Adidas has filed more than 90 lawsuits for infringement of its trademark rights. In addition, it settled in more than two hundred other cases.
In cases against other clothing brands, many outsiders will understand such an attitude. Adidas has been using its three stripes for over seventy years and invested many millions in its fame. It is therefore logical that the company does not want others to run off with it. But in some cases it may be wiser to think a little longer before sending the summons, Adidas learned this week after a complaint against the anti-racism movement Black Lives Matter.
The reason for the conflict is a logo that Black Lives Matter (BLM) has been using for several years now. The organization that emerged in response to police brutality against black citizens in the United States uses three horizontal stripes. About two and a half years ago, the movement decided to file for protection with the US trademark registration office, an application that is still pending.
In a defense sent on Monday, Adidas, the second largest sports brand in the world after Nike, filed a defense against that request. According to the German group, named after founder ‘Adi’ Dassler, the BLM logo is “confusingly similar” to the three stripes of Adidas. As a result, the distinctive character of the figurative mark threatens to ‘erode’, according to the company. There is also a risk of ‘confusion’ or ‘disappointment’ for consumers.
What played a role in the request is that Black Lives Matter also uses the stripes on sweaters, jackets and bags – products that Adidas also sells, with stripes. The consumer might then think that clothing from the movement is also from Adidas, the company said. In the case of defects, this can lead to ‘serious damage to Adidas’ reputation’. The sports brand therefore demanded that the patent office reject the application.
This Wednesday, less than 48 hours after the filing, Adidas (21.2 billion euros turnover, 59,000 employees) decided to withdraw its objection. The company did not provide an explanation. Sources around the group told Reuters and AFP news agency that the sudden turnaround is a response to the many criticisms the manufacturer has received in recent days.
In the request, Adidas talks about the likelihood that consumers will “falsely associate” the company and the movement. The company now fears, according to insiders, that such a defense could be interpreted as criticism of Black Lives Matter’s mission. Adidas and the anti-racism movement declined to comment to the news agencies.
The fact that Adidas defends its stripes fanatically does not mean that it is always right. If a competitor uses three stripes, this usually happens, but Adidas also sees a danger in other stripe numbers. Earlier this year, the company lost a case against luxury brand Thom Browne over the use of four stripes. The same thing happened two years earlier in a case against clothing giant H&M, which sold sportswear with two stripes.