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The stripes strike back

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

Adidas may not have been doing too well in making out infringement of its three stripes in the EU, but, according to Footwear News, they've more than made up for it in the US. A jury in Portland, Oregon has found that Payless' use of two stripes and four stripes constitutes trademark infringement, trademark dilution, injury to business reputation and unfair and deceptive trade practices. Moreover, they awarded $30.6 million in actual damages, $137 million in punitive damages (for willful infringement) and $137 million as an account of profits. It's rare for trade mark cases to come before a jury, and the defendant is considering an appeal.

The IPKat is puzzled. Why is it that the three stripes get relatively narrow protection in the EU (so much so that it seems that often the courts don't consider them an indication of origin) but get such wide protection in the US. Consumer perception isn't that different in the two jurisdictions is it?

Full post as published by IPKat on May 12, 2008 (boomark / email).