A rather bizarre thing to do considering consumer demographics would be our thought..
Adidas has waged its latest three-stripe trademark battle, and this time, it comes in the form of an attempt to block Black Lives Matter Global Network Foundation, Inc. (“BLM”)’s registration of a three-stripe mark of its own. In the notice of opposition that it lodged with the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) on March 27, adidas asserts that “notwithstanding [its] prior rights, and well after [its] three-stripe mark became famous,” BLM lodged an application to register a mark that consist of three horizontal yellow stripes for use on “bags, namely, hand bags, sports bags; tote bags,” various articles of clothing, and “online retail store services featuring apparel, headwear,” etc., among other things.
At the heart of adidas’ opposition is its claim that “consumers familiar with the goods and services long associated with [its] three-stripe mark are likely to assume that the goods and services offered under [BLM’s] mark originate from the same source, or that they are affiliated, connected, or associated with or sponsored by adidas” when no such affiliation and sponsorship exists. The potential for consumer confusion is likely, according to adidas, as BLM’s mark “incorporates three stripes in a manner that is confusingly similar to [its] three-stripe mark in appearance and overall commercial impression.”
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