Adidas Opposes LIV Golf in Logo Trademark Dispute
Adidas is famous for its three-stripe mark on clothing, footwear and other products, including those for golf.
The German company is now accusing LIV Golf of violating trademark law by attempting to register a striped logo that Adidas says is “confusingly similar . . . in appearance and overall commercial impression.” Adidas also claims registration would lead consumers to wrongly assume Adidas is connected to the golf league, which is funded by Saudi Arabia’s Public Investment Fund.
More from Sportico.com
Boise State's Trademark Turf Tested by SUNY Morrisville Snub
Man United Signs Record Jersey Deal With Qualcomm's Snapdragon Brand
NCAA Slams College Pickleball League Name in Trademark Dispute
Last week, Adidas filed a notice of opposition with the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (USPTO) and alleges several grounds for refusal of the application. The company objects to LIV’s trademark applications to register its logo, which it describes in its applications as consisting “of 4 vertical parallel lines that intersect with 4 horizontal parallel lines in the shape of a capital L.”
LIV’s registrations concern golf clothing and other products that Adidas also sells. Earlier this year a USPTO trademark examining attorney “found no conflicting marks that would bar registration.”
But Adidas sees it differently. It argues LIV’s marks “are likely to dilute the distinctiveness of the Adidas marks by eroding consumers’ exclusive identification of the Adidas marks with Adidas, and otherwise lessening the capacity of the Adidas marks to identify and distinguish [its] goods.”
Adidas stresses it has long used its three stripes and that consumers are familiar with them. The company emphasizes its “frequent sponsorship” of tournament, college sports and pro athletes, with the Boston Marathon, the University of Louisville and Lionel Messi all mentioned as examples. Adidas wants to establish that it has invested considerably in promoting a logo.
The TTAB will review the arguments. If the USPTO ultimately registers LIV’s logo, LIV would obtain the exclusive right to use the mark in connection with specific goods and services, a legal presumption of ownership and access to anti-counterfeit services from U.S. Customs and Border Protection.
Over the summer, LIV Golf and HyFlyers GC, a LIV team that is captained by Phil Mickelson, were sued for infringement by Cool Brands Supply, an Argentinian skateboarding footwear and apparel company that produces the Fallen brand. Cool Brands objects the noticeable similarity between the “FF” logos for Fallen and HyFlyers. The case remains in litigation in New Jersey’s federal district court.
