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Adidas Loses Court Battle Against Nike Over Stripe Patterns

By Nithya Bose in Business News, posted May 29, 2024

Adidas has lost a battle against Nike over side stripe patterns as the Düsseldorf Higher Regional Court ruled against the German sportswear giant.

The court ruled that not all side stripe patterns on sports pants made by other manufacturers should be prohibited.

It is accepted Adidas' signature sportswear features three vertical stripes of equal width on the sides.

The court wrote: "However, this does not mean that every stripe pattern on the side, regardless of its specific design and the other design of the garment, is attributed to Adidas AG.

Other clothing manufacturers also use stripe patterns as decoration.

“Therefore, both the specific stripe design and the other symbols on the contested trousers must be taken into account in the examination."

The ruling emphasized that other clothing manufacturers use stripe patterns as decorative elements.

Court battle over sports pants

Consequently, both the particular design of the stripes and other symbols on the disputed trousers must be considered in the assessment.

The conflict centered on five pairs of Nike sports pants with side stripes intended for sale in Germany.

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The court sided with Adidas on only one pair, concluding that the three stripes on these pants were so similar to Adidas' trademark that they constituted a product label rather than mere decoration.

However, the court found the stripes on the other four pairs sufficiently distinct from Adidas' design.

The Düsseldorf Regional Court initially banned the sale of all five pairs of Nike pants in Germany. Nike subsequently appealed this decision.

This legal battle is not the first between the two companies over trademark rights.

In 2005, a court prohibited Nike from selling shoes with two stripes, ruling that the design was too similar to the Adidas logo.

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