CLOTHING companies may face limitations on the use of stripes after a ruling next month by the European Court of Justice on the protection of the Adidas three-stripe motif.

Lawyers have warned that although the dispute involves only Dutch companies, a verdict favouring the multinational sportswear giant would also affect British firms that find themselves accused of copying the “Adidas look”.

In the case, which began 10 years ago in the Dutch courts, Adidas has complained that many companies in the Netherlands are “infringing” its distinctive trademark by using two stripes on their clothing products.

Formal letters sent out to over 100 companies, many of them small businesses, have accused retailers of taking “unfair advantage of” and being “detrimental to” the three-stripe Adidas logo.

The case, which has involved Marca Moda, C&A, Vendex and H&M, began partly because of the country’s strong tradition of protecting trademarks. It was referred by Dutch judges to the European courts a year ago and a ruling is expected on April 10.

Adidas has recently won similar trademark cases in Germany and France and, from its public statements, it is clear it has not ruled out action against other firms.

“The implications for others will depend, of course, on what the court decides. What is at stake is the legal protection of famous trademarks, and how closely they can be imitated without legal infringement – a very important issue for Adidas,” said Tim Behean, associate general counsel for the Adidas Group.

The definition of what exactly Adidas wants to prevent other companies from using also remains broad.

“There is no short answer,” said Behean. “It is designs which copy or imitate our products or trademarks. Cases of imitation often involve the use of stripes in the same dimensions, proportions and positions as our trademark, such that consumers will be confused, or make an association with Adidas and our famous three stripes.”

Lawyers and companies in Britain are watching the case closely. “Whatever the European Court of Justice says will be of considerable significance,” said Michael Hart at law firm Baker and McKenzie in London.

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