Thursday 10 April 2008

World sleeps easy as ownership of precious stripes finally settled

Local authorities across the UK have been ordered to pay millions of pounds in damages and backdated licensing costs, after losing a landmark case to the sports and fashion manufacturer Adidas. The ruling in the European Court of Justice ends several years of wrangling, over whether Adidas’ distinctive “three stripe” branding could be extended to cover designs using two stripes.

Frances Bruckenbauer, a partner at specialist intellectual property (IP) law firm Comely, Stern & Festoon, which represented the fashion giant, commented on the victory: “This was the only decision the court could have reached over such flagrant abuse of my client’s brand rights. For decades, the UK has been generating significant revenue from charging motorists for parking in premium roadside locations, identified by clearly derivative double-stripe branding.”

As well as being ordered to pay damages and license fees in the region of £300 million, councils now face an estimated £2.5 million bill for removing and replacing the infringing road marks.

Brian Clapton, a spokesperson for the Local Government Association, said he regretted the court’s decision, but welcomed the opportunity to review the UK’s policies on parking restriction.

“We have felt for some time that the current system is overly negative for today’s Britain”, he said. “Rather than stipulating those areas where motorists cannot park, we will begin marking approved parking spaces, with an easily recognisable rounded tick motif.”

The judgement could also set a precedent for other similar cases, currently in the pipeline, in which Adidas is seeking punitive damages against zebras, wasps and rainbows.

No comments: