- General Court upholds EUIPO decision on reputation and due cause (Shoe Branding Europe v EUIPO—Adidas)
- What was the background?
- What did the court decide?
- Case details
IP analysis: The EU General Court has upheld the decision of the Second Board of Appeal of EUIPO to allow Adidas’ opposition to the registration of an EU trade mark for two parallel lines on the outside of a shoe. The opposition was based on Article 8(5) of Regulation 207/2009 (now Article 8(1) and (2) of Regulation 2017/1001) which provides that an earlier trade mark (in this case Adidas’ mark for three parallel stripes on footwear) can have broader protection if certain conditions are satisfied. In these proceedings the General Court was asked to consider, amongst other things, whether Adidas’ earlier EU trade mark had a reputation in the European Union.
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