Adidas v Puma: another three-stripe TM clash

Adidas has always fought to protect its ‘three-stripe’ trademark against others and, in its latest lawsuit, the company has taken on rival  Puma.

Filed (pdf) at the US District Court for the District of Oregon, Portland Division on Friday, February 17, Adidas’s lawsuit accused Puma of infringement in its use of four diagonal stripes on the side of a football boot.

This is the latest in a string of battles over the mark.

Earlier this month, WIPR reported that Adidas opposed a trademark application filed by US automaker  Tesla.

In November last year, Adidas took on Spanish professional football club  FC Barcelona, opposing a US trademark application filed in May 2015.

But this is slightly different. As the suit notes, Adidas and Puma share a “mutual history”.

German brothers Adi and Rudolph Dassler had started a shoe company in 1924, but more than 20 years later went their separate ways. Adi founded Adidas, while his brother launched Puma.

The claim alleged: “Puma’s use of four diagonal stripes … is a blatant attempt by Puma to trade on the goodwill and commercial magnetism Adidas has built up in the ‘three-stripe mark’ and to free-ride on Adidas’s fame as a pre-eminent soccer brand.”

Adidas began using the ‘three-stripe’ mark on footwear in 1952, and registered the mark under number 1,815,956 in the US in 1994.

The claim accused Puma of intentionally adopting and using a “confusingly similar imitation” of the mark, knowing that it would “mislead and deceive consumers”.

Adidas is seeking injunctive relief, an order that Puma cease offering the boots, destruction of the infringing goods, an account of profits, triple damages, punitive damages and a jury trial.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.