Three stripes victorious – Adidas for the third time before the European Court of Justice

Dr Alexander von Mühlendahl, JD, LL M, Bardehle Pagenberg, Munich, Germany

The battle for dominance in the striped clothing market, and specifically the question of whether Adidas’ famous three-stripes mark prevails over two-striped clothing in the Netherlands, has been before the European Court of Justice (ECJ) at two earlier occasions, in Marca Mode v Adidas, (Case C-425/98), decided on 22 June 2000, and and in Adidas v Fitnessworld (Case C-408/01), decided on 23 October 2003.