When Adidas Got Its Logo for €16k & 2 Bottles of Whiskey: Battle With 'Black Lives Matter' on 3 Stripes

Adidas AG has requested that the US Trademark Office reject an application for a Black Lives Matter trademark with three parallel stripes, alleging that it could mislead the public, said reports. In a Monday filing, Adidas informed the office that Black Lives Matter Global Network Foundation Inc’s yellow-stripe design would cause confusion with its own famous three-stripe mark. It tried to prevent the organisation from using the design on items sold by the German sportswear company, such as shirts, hats, and bags.

According to the filing, Adidas has been using its logo since 1952 and has gained “international fame and significant public recognition.”

More About the Row

As per a Reuters report, according to court documents from a lawsuit filed by Adidas against designer Thom Browne’s fashion house, the company has launched over 90 lawsuits and entered more than 200 settlement agreements connected to the three-stripe trademark since 2008.

In that case, a jury found in January that Thom Browne’s stripe designs did not infringe on Adidas’ trademark rights.

The Black Lives Matter Global Network Foundation is the most visible entity in the decentralised Black Lives Matter movement, which began a decade ago to oppose police violence against African-Americans. In November 2020, the group applied for a federal trademark covering a yellow three-stripe pattern to be used on a variety of products such as clothes, publications, bags, bracelets, and mugs.

In a Monday filing, Adidas stated that the group’s design was confusingly similar to its emblem, and that consumers would likely believe their goods were connected or came from the same source. The Trademark Office has given the Black Lives Matter movement until May 6 to respond, said the report.

History of Adidas Logo

For many, the history of Adidas is fraught with controversy: the company’s founder, Adolf Dassler, fought on the side of the Germans during WWI and later joined the Nazi party during WWII. Dassler began making sports shoes in his mother’s kitchen after returning from WWI service. Initially, he was joined by his younger brother Rudolf, but following a disagreement, Rudolf quit the company and created Puma, which would later become one of Adidas’s fierce rivals.

Adidas, then Dassler Shoes, received its first major break when Adolf drove to the 1936 Summer Olympics with a bag full of cleats and persuaded sprinter Jesse Owens to use them. Jesse Owens became the first African-American to obtain Olympic sponsorship, and Dassler Shoes’ popularity increased, according to a report by Logo My Way.

As per the report, Adidas has long been known for its three-stripe emblem. They were, however, not the first corporation to employ the design. Karhu Sports was the original owner of the logo. Unfortunately, Karhu Sports was devastated by WWII, and the proprietor agreed to sell Adidas the trademark on their emblem in exchange for €1,600 and two bottles of whisky.

In 1971, the business launched the three-stripe Adidas emblem in the shape of a leaf, known as the “trefoil.” The trefoil emblem was later replaced with the present logo, which is shaped like a triangle, yet it may still be found on some Adidas products.

About the Black Lives Matter Foundation

The Black Lives Matter Global Network Foundation is a political lobbying group dedicated to the continuation of activist activities in the Black Lives Matter movement. Because it frequently uses the term “Black Lives Matter” as its name and holds the domain name “blacklivesmatter.com” as its official website, the organisation is frequently confused with other organisations within the Black Lives Matter movement.

While the BLMGN frequently refers to itself as “Black Lives Matter,” it is not the only group affiliated with the larger Black Lives Matter social movement. It is, however, the largest and best-funded, and it claims to speak for the movement.

“Black Lives Matter Global Network Foundation, Inc. is a global organization in the US, UK, and Canada, whose mission is to eradicate white supremacy and build local power to intervene in violence inflicted on Black communities by the state and vigilantes. By combating and countering acts of violence, creating space for Black imagination and innovation, and centering Black joy, we are winning immediate improvements in our lives,” the body says on its website.

The body’s official merchandise also features the disputed three stripes logo:

Could Adidas Win?

Black Lives Matter is aiming to register its three-stripes emblem as a trademark after utilising it on retail and promotional materials. In response, Adidas has “taken court action” to thwart their endeavour, according to trademark attorney Josh Gerben.

When it comes to money, the Black Lives Matter movement does not have the finest reputation, says a report by Outkick. Yet, Gerben is unsure how solid Adidas’ argument is in this case. According to him, the various orientations and colours of the stripes may make it impossible to win the filing.

Trademark law is notoriously difficult to grasp, and decisions are frequently unpredictable. Adidas has been inextricably linked with the three stripes throughout its existence. But, unlike Adidas, BLM’s stripes are the same size, and the yellow tint may make this a challenging assertion. Nonetheless, Adidas provided a comparison of many things from their store and the BLM store.

“Adidas has been very aggressive in policing its stripes. But when you look at the difference in color and shape of the stripes, I think that Adidas is unlikely to win this case if it goes to trial,” he says.

With inputs from Reuters

Read all the Latest Explainers here