The Hague Court of Appeals has ruled Adidas does not have the exclusivity of three bands throughout the Benelux territory and in other international markets. The case dates to 1997 when the brand denounced H&M for the use of the two bands for its line of sportswear. After 23 years of litigation, the Swedish chain has won the case.
The Court of Appeal has considered that market research suggests that consumers can hardly associate the H&M sports fashion line with that of Adidas. The ruling also states that only 10 per cent of the consumers named Adidas after viewing H&M’s striped work out clothing. The German brand must pay H&M €80,000 as legal costs for the trial, although it may still appeal the judgment before the Supreme Court of the Netherlands.
This is not the first legal blow that Adidas receives on the use of its brand image. In June last year, the European Union also voted against the German company to being able to appropriate the three bands in the community area, which opened the door for other companies to sell items that incorporated these designs.
