In an article for the Kluwer Trademark Blog, Julius Stobbs looks at the impact of the CJEU’s decision in Shoe Branding Europe v Adidas (Case C-396/15 P), involving an opposition by Adidas (owners of the famous three-stripes branding) against an application for a two-stripe trainer design.
The case raises interesting issues around the scope of protection afforded to trade mark owners for less conventional marks, given the current trend in EU case law, and the potential impact that the imminent amendments to the EU trade mark Regulation could have upon brand owners securing registrations for trade dress.
A full copy of the article can be found here.