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Adidas-Salomon v. Fitnessworld Trading Ltd
European Court of Justice
2003 E.C.R I-12537 (2003)
Adidas-Salomon AG (Adidas) (plaintiff) owned the trademark rights to a motif consisting of three parallel vertical stripes that were affixed to different articles of clothing. Fitnessworld Trading Ltd (Fitnessworld) (defendant) sold fitness apparel using the name Perfetto. Some of Fitnessworld’s clothing used a motif consisting of two parallel stripes, which was similar to the three parallel stripes used by Adidas. Adidas filed suit against Fitnessworld in the Netherlands, which then referred to the European Court of Justice the legal question of whether the European Trade Mark Directive allowed proprietors of trademarks to prohibit mere association.
Rule of Law
Holding and Reasoning
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