25 September 2023 , 16:40
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Sportswear giants Adidas have attempted to block five trademark applications by LIV Golf after claiming that the Saudi golf tour's logo is too similar to their iconic three stripes image.
The German brand have filed a Notice of Opposition with the U.S. Patent and Trademark as they brought particular attention to the supposed similarities. They have claimed that LIV Golf’s logo "incorporate[s] three stripes in a manner that is confusingly similar to the adidas Marks in appearance and overall commercial impression".
The LIV Golf logo incorporates a stylised "L", which features stripes inside the letter itself and the golf tour had attempted to protect it by applying for a trademark. Of course, the famous Adidas logo features three stripes also, with their various forms of products often incorporating this.
The company contends that consumers are "familiar with the goods and services long associated with the adidas Marks". As such they have asserted that goods and services carrying the LIV Golf logo "are likely to assume" that they "originate from the same source, or that they are affiliated, connected, or associated with Adidas".
It remains to be seen whether Adidas are likely to win their case, with trademark attorney Josh Gerben having stated that they ae unlikely to. That said, it is possible that an agreed-upon settlement may be reached which could limit how LIV’s “L” logo appears on products.
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Gerben also explained that one recent precedent case does suggest that Adidas may struggle to win the case. He said: "In my opinion, Adidas is unlikely to win this case. The company recently lost a similar lawsuit against Thom Browne, proving that Adidas does not have exclusivity to "stripes on clothing".
Adidas have broken ties with some golfers who were formerly athletes on their books after they joined LIV Golf. One example of this was Dustin Johnson, who had been in a partnership with the brand for over 15 years before they "mutually agreed" to terminate their union.
Dustin Johnson has cut ties with Adidas after joining LIV Golf, with the decision said to have been mutually agreed (Tannen Maury/UPI/REX/Shutterstock)Breaking the news of the decision, Adidas Golf president Jeff Lienhart told ESPN: "We've mutually agreed to part ways with long-time Adidas athlete, Dustin Johnson. For more than 15 years, Dustin has been a great ambassador for the Adidas brand."
Similarly, Adidas also chose not to renew their deal with Sergio Garcia, who captains the Fireballs GC team in the LIV Golf League. A source told ESPN that a major stumbling block for both parties in this instance was LIV Golf League's sponsorship model.
This involves a plan to sell space on shirts for advertisers in a similar vein to the Premier League, as well as NASCAR and Formula 1 with their cars. The source explained: "As good as the relationship with Adidas has been, it just didn't fit in his plans.
"A major part of starting a team is establishing a brand identity and building that brand. The primary asset is the shirt. They want the entire shirt. DJ needed a clean break to start his team. He's grateful to Adidas for letting him out of the deal."