Adidas stops challenging Black Lives Matter 'confusingly similar' 3 stripes logo

30 March 2023 , 17:12

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Adidas initially claimed that consumers might confuse Black Lives Matter's three stripes trademark with theirs (Image: PA)

Adidas is withdrawing its challenge to a Black Lives Matter trademark application featuring three parallel stripes, two days after it contested the image with the US Trademark Office.

Adidas submitted a notice of opposition with the office Monday, saying in the filing that it took issue with the Black Lives Matter Global Network Foundation's application to trademark the use of three parallel yellow stripes on various items such as clothing and bags.

The company said that it felt that if Black Lives Matter was allowed to use the stripes, it would be “confusingly similar” to its usage of a three-stripe mark, something it had been using on its own merchandise since at least 1952.

The Black Lives Matter logo that Adidas initially sought to challenge

In its initial court filing, Adidas stressed the "Three-Stripe Mark" has frequently been used by the company to sponsor and collaborate with many professional athletes and artists.

The court filing went on to state that Adidas has priority in the trademark and that consumers will believe that the goods and services offered under BLM's trademark are associated with or sponsored by Adidas.

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The company added that BLM's trademark "incorporates three stripes in a manner that is confusingly similar".

Protesters with the Black Lives Matter (BLM) movement march through Manhattan (Getty Images)

However, by Wednesday, Adidas said it had changed its mind.

“Adidas will withdraw its opposition to the Black Lives Matter Global Network Foundation’s trademark application as soon as possible,” the German athletic gear company said in a prepared statement.

It did not provide any further details as to why it was withdrawing the application.

Adidas has forcefully protected its triple-stripe trademark for years (AP)

Adidas has vociferously protected its triple-stripe trademark for years.

In January, fashion designer Thom Browne emerged from a New York courthouse victorious over Adidas in a battle over signature stripes.

In that case, Adidas had similarly argued that the striped designs used by Thom Browne Inc. were too similar to its own three stripes. The Manhattan federal court jury sided with Browne.

Black Lives Matter filed to trademark a mark of three yellow stripes (Ted S Warren/AP/REX/Shutterstock)

Browne said at the time: "It was important to fight and tell my story. And I think it’s more important and bigger than me because I think I was fighting for every designer that creates something and has a bigger company come after them later.

Rich Efrus, an Adidas spokesperson, said in response: "We are disappointed with the verdict and will continue to vigilantly enforce our intellectual property, including filing any appropriate appeals."