UK Court of Appeal Upholds Adidas Three-Stripe Mark Invalidation

The UK Court of Appeal has upheld the invalidation of six Adidas “three-stripe” position trademarks. The decision follows challenges by fashion brand Thom Browne seeking declarations of invalidity for 16 such marks on grounds that they did not constitute registrable signs.

The court affirmed that the marks failed to meet requirements for a single identifiable sign capable of graphic representation with clarity and precision. Adidas’ written descriptions were deemed non-limiting, allowing variations in stripe placement, length, and orientation beyond the graphical representations on the register.

The ruling reinforces that position marks must be precisely defined without open-ended descriptions. All six appealed marks were held invalidly registered.

Sources: https://www.jonesday.com/en/insights/2025/08/uk-court-of-appeal-upholds-invalidation-of-adidas-three-stripe-position-marks https://news.bloomberglaw.com/ip-law/peeps-maker-advances-marshmallow-bunny-trademark-dress-suit