three stripes

{{Short description|Adidas' trademark}}

{{Other uses}}

{{Use dmy dates|date=October 2019}}

{{Infobox brand

| name = Three stripes

| logo = Adidas 2022 logo.svg

| logo_size = 150px

| logo_caption = One of the typical Adidas logo with the three stripes; this one is from its Performance brandline, introduced in 1991 and initially used for its new way of brandline.

| image = Adidas black shoes.JPG

| image_size = 150

| caption = Three stripes design application
on shoes and packaging

| producttype = Corporate identity

| currentowner = Adidas

| producedby =

| country = Germany

| introduced = {{start date and age|1949}}[https://thinkmarketingmagazine.com/adidas-logo-transformations/ Adidas logo and brand transformations story] at Think Marketing, 22 Aug 2012

| discontinued =

| related =

| markets = Worldwide

| previousowners =

| trademarkregistrations =

| ambassadors =

| tagline =

| website =

| module =

| module1 =

}}

Three stripes is a trademark of Adidas consisting of three parallel lines, which typically feature along the side of Adidas apparel. Adidas was known for this branding early in its history, with its owner, Adolf Dassler, describing it as "The three stripe company".{{cite web|title=The Adidas Logo|url=https://www.logaster.com/blog/adidas-logo/|work=Logaster|accessdate=5 November 2013|date=11 July 2012|quote=The company simple placed three black stripes on everything that they manufactured. Even this early in their history, the company was known for this branding. The owner of the company at the time liked to call his business “The three stripe company”. Even as new logos took the place of the old ones, the company would remain loyal to the three stripes look.}}

History

Finnish Sport Museum has a pair of footwear from the 1940s with the three stripes by Finnish athletic footwear brand Karhu Sports.[https://www.finna.fi/Record/musketti_sum.M027:0:473 Item description at Finna image archive] accessed May 28th 2021 According to another source, the three stripes mark was created by the Adidas company founder, Adolf Dassler, and first used on footwear in 1949, when Adidas was founded. In 1952, following the 1952 Summer Olympics in Finland, Adidas acquired its signature three stripe branding from Karhu Sports, for two bottles of whiskey and the equivalent of 1,600.{{cite book | title = International cases in the business of sport | author = Simon Chadwick, Dave Arthur | page = 438 | publisher = Butterworth-Heinemann | year = 2007 | isbn = 978-0-7506-8543-6 }}{{cite web|last1=Weather|first1=Sneaker|title=Karhu: The Brand That Sold Adidas The Three Stripes|url=http://sabotagetimes.com/style/karhu-the-original-brand-with-three-stripes#!|website=Sabotage Times|publisher=Sabotage Times|access-date=13 April 2017}}{{dead link|date=May 2025|bot=medic}}{{cbignore|bot=medic}}{{cite book | title = Pitch Invasion, Adidas, Puma and the making of modern sport | author = Smit, Barbara | isbn = 0-14-102368-6 | publisher = Penguin | year = 2007 | pages = 44}}{{cite book | title = International cases in the business of sport |author1=Simon Chadwick |author2=Dave Arthur | page = 438 | publisher = Butterworth-Heinemann | year = 2007 | isbn = 0-7506-8543-3 }}

File:Original Adidas logo.svg brandline.]]

The Trefoil logo was designed in 1971 and launched in 1972 with the Adidas SL 72, just in time for the 1972 Summer Olympics held in Munich.[ History] on Adidas-Group.com This logo lasted until 1997, when the company introduced the "three bars" logo (that had been designed by then Creative Director Peter Moore), initially used on the Equipment range of products.

Designs for shoes registered in 1949 incorporated the three stripes along the side.{{cite web|title=Birthday of adidas|url=https://www.adidas-archive.org/#/exhibitions/992/objects?language=en|work=Adidas website|access-date=4 November 2013|quote=On 31 March 1949, this shoe was registered, along with the following three shoes, as a registered design through the patent lawyer Dr Wetzel.}}

Branding in sports

File:Scotland national football shirt.jpg

In 1998, Adidas sued the National Collegiate Athletic Association over their rules limiting the size and number of commercial logos on team uniforms and apparel. Adidas withdrew the suit, and the two groups established guidelines as to what three-stripe designs would be considered uses of the Adidas trademark.{{Cite web|title=Shoe Size Converter|url=https://purecalculators.com/shoe-size-converter|date=9 July 2022|publisher=PureCalculators}}

In late 2004, rival sporting good manufacturers filed a complaint to the International Olympic Committee (IOC) over Adidas being allowed to exceed the 20 cm2 limit permitted for branding with the three stripes. Adidas argued that the trademark device was a design element rather than a logo and despite being an IOC sponsor, which led to accusations of Adidas receiving preferential treatment, the three stripes were banned by the Olympic movement starting with the 2006 Winter Games.{{Cite web|url=https://www.campaignlive.co.uk/article/adidas-stripes-face-banned-olympic-arena/229933|title=Adidas stripes face being banned from the Olympic arena|website=www.campaignlive.co.uk}} However, Adidas circumvented the ban by using a modified three stripe design, combining them with the number 3, for the 2006 Games.{{Cite web|url=https://www.campaignlive.co.uk/article/adidas-plans-3-solution-olympic-stripe-ban/526565|title=Adidas plans 3 solution to Olympic stripe ban|website=www.campaignlive.co.uk}}

In 2006, Adidas sued All England Lawn Tennis and Croquet Club (Wimbledon), other Grand Slam tournaments and the International Tennis Federation over restrictions on manufacturer's identifications placed on player clothing.{{Cite web|url=http://www.allbusiness.com/retail-trade/miscellaneous-retail-miscellaneous/4464540-1.html|title=Allbusiness.com}}

Prior to UEFA Euro 2008, the Union of European Football Associations updated its kit regulations to mandate a 'sleeve free zone' on shirts worn under their auspices, to make room for competition markings.{{Cite web|title=Edition 2008 UEFA Kit Regulations|url=https://www.uefa.com/MultimediaFiles/Download/Regulations/uefa/Others/72/77/76/727776_DOWNLOAD.pdf|date=26 September 2007|access-date=4 February 2021|publisher=Union of European Football Associations}}{{rp|30}} This affected Adidas by prohibiting the use of continual stripes down the sleeves. The world footballing governing body, the Fédération Internationale de Football Association (FIFA), implemented similar legislation in time for the 2010 FIFA World Cup.{{Cite web|title=Equipment Regulations|url=http://www.fifa.com/mm/document/tournament/competition/51/54/30/equipment_reg_26032010_en.pdf|date=19 March 2010|url-status=dead|archive-url=https://web.archive.org/web/20100827113535/http://www.fifa.com/mm/document/tournament/competition/51/54/30/equipment%5Freg%5F26032010%5Fen.pdf|archive-date=27 August 2010|access-date=4 February 2021|publisher=Fédération Internationale de Football Association}}{{rp|28}}

Trademark disputes

Adidas has sued or threatened to sue retailers to protect the brand,{{cite news | url = http://www.chinadaily.com.cn/cndy/2008-06/18/content_6771707.htm | title = Adidas could cash in on battle | date = 2008-06-18 | newspaper = China Daily }}{{cite news | url = https://www.bloomberg.com/apps/news?pid=20601127&sid=acyc0NNQd0vY&refer=law | title = Adidas Sues Aldo Over Claim It Copied Three-Stripe Design | author = Erik Larson | date = 17 January 2009 | newspaper = Bloomberg L.P. }} including the following cases:

  • 1983: Adidas v Charles O'Neill and Co Ltd 1983 ILRM 112{{cite book | title = Intellectual property law |author1=Anne-Marie Mooney Cotter |author2=Law Society of Ireland |author3=Garrett Breen | pages = 12, 23–4 | year = 2003 | isbn = 1-85941-805-8 | publisher = Routledge Cavendish }}
  • 1995: settled a dispute with Walmart
  • 2000: Marca Mode v Adidas decided at the European Court of Justice (Case C-425/98){{Cite web|url=https://www.i-law.com/ilaw/doc/view.htm?id=157688|title=Three stripes victorious – Adidas for the third time before the European Court of Justice|website=www.i-law.com}}
  • 2002: settled with Walmart
  • 2003: filed a lawsuit in a British court challenging Fitness World Trading's use of a two-stripe motif similar to Adidas' three stripes{{cite news | url = https://www.theguardian.com/business/story/0,3604,995976,00.html | title = Adidas told its three stripes don't constitute a trademark | newspaper = The Guardian | date = 11 July 2003 | location=London | first=Andrew | last=Osborn | accessdate=25 May 2010}}{{cite web | url = http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/Adidas.htm | title = Adidas- Salomon AG and Adidas Benelux BV v. Fitnessworld Trading Ltd | date = 13 July 2003 | publisher = Lawdit Solicitors }}
  • 2004 (August): Polo Ralph Lauren{{cite journal | url = http://portland.bizjournals.com/portland/stories/2005/01/10/daily25.html | title = Adidas sues Abercrombie over three-stripe logo | journal = Portland Business Journal | date = 12 January 2005 }}
  • 2005: Abercrombie & Fitch, in Portland
  • 2005 (March): Dutch Court of Appeal decided that Adidas had not sufficiently demonstrated that the Marca two-stripe design did not infringe, based on the Benelux Trademarks Act.{{Cite web|url=http://www.mwe.com/info/news/euroip0505-trademark.htm|title=European IP Bulletin, Issue 22, May - Trade Mark: Adidas v Marca at the Court of Appeal in the Netherlands}} (see Benelux Office for Intellectual Property)
  • 2007 (February): Dutch Supreme Court ruled in the case Adidas/Marca Mode II that the two stripe of Marca et al. did not infringe the three stripe trade mark of Adidas.[http://www.twobirds.com/English/News/Articles/Pages/Adidas_three_stripes_TM-Freihaltebedurfnis.aspx Adidas’ three stripes trade mark: Should Freihaltebedürfnis (public interest) be considered in the infringement assessment?], 25.04.07 - Marc van Wijngaarden
  • 2008 (April): European Court of Justice decided in favour of Adidas, against Marca Mode, C&A, H&M Hennes & Mauritz and Vendex KBB, that two-stripes could infringe on the Adidas three-stripe trademark.{{cite news | url = https://www.reuters.com/article/rbssConsumerGoodsAndRetailNews/idUSL1047327720080410 | title = EU court backs Adidas over three stripes | date = 10 April 2008 |author1=David Lawsky |author2=Darren Ennis |author3=editing by Andrew Hurst |name-list-style=amp | publisher = Reuters }}{{Cite web|url=http://www.managingip.com/Article/1911092/ECJ-boosts-adidas-in-three-stripe-row.html|title=Managingip.com}}
  • 2008 (May): Kmart
  • 2008: Payless ShoeSource, ordered to pay $304.6 million; later reduced to $64.4 million. No. 01-CV-01655-RE.{{cite web | url = http://www.lawupdates.com/summary/jury_awards_adidas_a_record_setting_305m_in_damages_but_payless_fights_for_ | title = Jury Awards Adidas a Record-Setting $305M in Damages, But Payless Fights for Reversal | date = 19 May 2008 | publisher = LawUpdates.com }}
  • 2008 (October): Wal-Mart Stores Inc., third confidential settlement{{cite web | url = http://www.law.louisville.edu/students/thebrand/2008/10/29/three-stripes-youre-out/ | title = Three Stripes, You’re Out! | author = Greg Thompson }}
  • 2009: Aldo Group Inc., filed 14 January in federal court in Portland, claiming a breach of out-of-court settlements between the companies in 2004 and 2006. Adidas America Inc. v. Aldo Group Inc., 3:09- cv-00056
  • 2014: Adidas successfully registers the three-stripe design at the European Union level.{{Cite news|url=https://www.reuters.com/article/us-eu-court-adidas-idUSKCN1TK0P7|title=Adidas loses EU bid to extend three-stripe trademark|date=2019-06-19|work=Reuters|access-date=2019-07-17|language=en}}
  • 2016: The EU's Intellectual Property Office (EUIPO) annuls the 2014 registration on the grounds that it was not distinctive enough.
  • 2019: EU General Court upholds the 2016 decision of the EUIPO stating that it did not have enough "distinctive character" to qualify for the trademark.

Adidas has also settled with Steven Madden Ltd., Target Corp. and Nordstrom Inc. before going to trial.

Further reading

  • {{cite book | title = All day I dream about sport : the story of the Adidas brand | author = Conrad Brunner | location = London | publisher = Cyan | year = 2004 | isbn = 1-904879-12-8 }}{{cite news | url = https://www.theguardian.com/media/2005/jan/16/marketingandpr.business | title = Three stripes and you're in - how Adidas went for gold | author = John Simmons | date = 16 January 2005 | newspaper = The Observer | location=London}}

References

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