Jump’s Only Success in Taiwan Among Trademark Actions Taken Against Adidas in Other 26 Countries.　Adidas Should Discontinue Using Three Stripes Trademark on Apparel Items.

The trademark action between Jump and Adidas for the three stripes trademark has been heating up and grown fierce.  Following Jump’s success in the trademark lawsuit against Adidas for shoes and boots items in Taiwan, the Taiwan High Administrative Court recently rendered a judgment in favor of Jump by ruling that Adidas should discontinue using its three stripes trademark on apparel items.

 

The judge gave a reasoning that Jump’s registration of the three stripes mark in Taiwan is earlier than that of Adidas.  Also, Adidas’ three stripes mark is similar to that of Jump.  For the reasons, Adidas’ three stripes mark is likely to cause consumers’ confusion, and thus Adidas shall discontinue using its three stripes mark. 

 

Although Adidas maintained that its three stripes mark has been enjoying a worldwide brand awareness and accordingly the consumers would not confuse its mark with others, the judge ruled that the materials, such as newspapers, magazines, catalogues, and invoices, etc. Adidas has presented are all dated later than 1998 and the time of Jump’s trademark registration.  Thus, these materials cannot substantiate the coexistence of both Adidas’ and Jump’s trademarks for years in Taiwan. 

 

For the exclusive right of the three stripes mark, Lutong Enterprise Corp. (Chinese:旅東貿易公司) subject to Jump and Adidas-Salomon AG subject to Adidas have confronted in the courtrooms of 26 countries around the world, and Jump wins the suit against Adidas only in Taiwan. (2006.5)

/CCS