Adidas had submitted a notice of opposition to US authorities on Monday, arguing that the design would cause confusion with the company’s recognizable logo. However, the company changed its position on Wednesday, promising to do so “as soon as possible” but providing no additional information.
A U-turn due to possible criticism
The U-turn, according to Reuters, was brought on by concerns that opposition to the BLMGNF application might be interpreted as disapproval of the organization’s mission. Following the murder of black teenager Trayvon Martin by a neighborhood watch volunteer in 2013, the group was established. It rose to prominence after George Floyd was killed by a white police officer in 2020, which sparked protests around the world. In November 2020, BLMGNF submitted a trademark application for a yellow three-stripe pattern intended for use on apparel, books, bags, bracelets, and mugs.
Adidas’s worries about ambiguity
Adidas claimed that the proposed BLMGNF design was “confusingly similar” to its own three-stripe mark, which has been in use since 1952 and “international fame and tremendous public recognition,” in its Monday filing. According to the business, customers who are familiar with its products “are likely to assume” that items sold under the BLMGNF mark “originate from the same source or that they are affiliated, connected, or associated with or sponsored by Adidas.” Since 2008, Adidas has used its trademarked three-stripes in more than 90 lawsuits and 200 settlement agreements.
The recent financial struggles of Adidas
Adidas decided to abandon its opposition to the BLMGNF application at a time when the business is having financial difficulties. It issued a warning last month that failing to sell its remaining inventory of goods created in cooperation with rapper Kanye West, with whom it has since severed ties over anti-Semitic remarks, could result in a €1.2 billion revenue hit and a loss this year. The company estimates that dissolving the partnership will result in a €500 million reduction in operating profits in 2023.
Featured image: BrokenSphere, CC BY-SA 3.0, via Wikimedia Commons
