More ‘3 Stripes’ Nonsense: Adidas Opposes LIV Golf’s Trademark App For Logo

Adidas has a reputation as a jealous defender, and at times is better described as an aggressor, when it comes to enforcing its trademark rights, specifically around its admittedly famous 3 stripes logo. Famous mark or not, the company has far too often shown itself willing to go to absurd ends in protecting those marks. Adidas opposed a logo application for Black Lives Matter, for instance, simply because it had 3 horizontal yellow lines underscoring the name of the organization. It also opposed ELEAGUE's logo application for the crime of stylizing the E" in its name with three angled lines instead of the full letter. The examples go on from there, but you get the point: Adidas opposes anything with three lines in it, somehow thinking trademark law allows them to control the depiction of 3 straight lines in branding.

And while it's never fun when you have a story in which everyone is a bad guy, the latest example of this is Adidas' opposition to the trademark application for the Saudi-backed LIV Golf tour.

The German company is now accusingLIV Golfof 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'sPublic Investment Fund.

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."

So a different number of lines in a different shape, with LIV's logo obviously being an L" to denote the first letter of its brand name. Seeing this in words is one thing, but the point is really driven home when you see the two company logos side by side.

If you think there is any actual trademark infringement in there, or even the potential for confusion in the public as to some ownership or association between LIV Golf and Adidas, raise your hand. If you've raised your hand, you have to write I will not say silly things" 100 times and turn the paper in to me by end of class, because that's what you're doing.

Yes, both of these organizations are involved in the professional sports, and indeed professional golf, industry. Both are looking to make clothing and accessories that will use these logos as part of that industry. But there is zero reason to suspect that there would be any confusion among the public between these two logos or companies. Even the USPTO agrees. But now, due to the opposition, the TTAB will conduct a review.

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.

I've been surprised before, but I truly cannot imagine a world in which the TTAB does not ultimately allow LIV to register this mark. They're too different. And while I'm quite loathe to ever root for LIV Golf in any way at all, it certainly should win this one on the merits.