The most interesting grudge match in professional soccer this season isn’t between FC Barcelona and Real Madrid, but rather the intellectual property lawyers representing Barcelona and footwear giant Adidas.
“Kit” sponsoring–sponsoring the uniforms of a team–is a highly competitive business dominated by
Nike and Adidas. For example, Adidas pays top-rated Manchester United €83.5 million a season for the privilege of providing uniforms emblazoned with its three-stripe logo.
Never one to shy away from defending its brand, Adidas opened a new front in its rivalry with Nike the day after Nike signed a deal for a kit design and sponsorship with FC Barcelona at a record-breaking €155 million a season. Adidas took umbrage with the new kit design, which features seven stripes; four blue and three red, in an alternating sequence with smaller, vertical stripes within each of the larger ones. Note: FC Barcelona’s jerseys have always featured some kind of stripe pattern since the inception of the club.
This clash of sportswear titans is currently unfolding at the United States Patent and Trademark Office (USPTO), Opposition No. 91230938. FC Barcelona’s 2016 jersey design having already attained a trademark, Adidas filed a notice of opposition with the USPTO. It contends that its emblematic three-stripe mark precedes Barcelona’s mark and therefore makes it invalid.
Indeed, Adidas has been using its three-stripe pattern in the United States and worldwide since 1952 for footwear and 1967 for apparel. Adidas claims it is trying to protect the goodwill it has worked to establish its brand since then, and if Barcelona’s Nike-sponsored design were to stand, Adidas’ goodwill would be diluted.
As mentioned earlier, Adidas is no stranger to the legal system when it comes to protecting its mark. Recently Adidas took action against fashion designer Marc Jacobs and clothing store Forever 21 for apparel that featured four stripes and three stripes, respectively, along the sleeves. That said, Adidas also has a history of working constructively with other designers, including its Yeezy line of sneakers made in conjunction with Kanye West.
This development is recent and the adjudication at the USPTO is ongoing. Stay tuned!
The Role of Corporate Restructuring in Mergers & Acquisitions
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Understanding Chattel Paper: A Key Component in Secured Transactions
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Supreme Court and Title VII: Implications for Reverse Discrimination
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
