tag:blogger.com,1999:blog-5574479.post2220545991728909024..comments2024-03-29T09:21:58.696+00:00Comments on The IPKat: Five stripes and you're out -- The GC on decorative marksVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-53552189223783621452014-06-25T13:56:14.064+01:002014-06-25T13:56:14.064+01:00Of course, a five strip mark can also be viewed as...Of course, a five strip mark can also be viewed as a four strip mark and similarly, the three strips of Adidas also could be viewed as two strips, so one strip either side of three is not too far from the registered mark.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-10914600185447502562014-06-25T12:53:04.009+01:002014-06-25T12:53:04.009+01:00@Michael, I am not aware of the situation in Israe...@Michael, I am not aware of the situation in Israel, but if Adidas' reputation is similar to the Europe (ie, a famous TM widely recognized for the three bands), I would find it bizzarre. <br /><br />@Matthew, I sense this is a copy-and-paste principle from old decisions of the nineties, when the CJEU managed to rule that the Puma's puma has a low degree of distinctiveness...Alberto Bellanhttps://www.blogger.com/profile/07713782540062346962noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-36941252542194925922014-06-25T11:05:21.169+01:002014-06-25T11:05:21.169+01:00"Consumers are not used to making assumptions..."Consumers are not used to making assumptions as to the commercial origin of products on the basis of signs which are indistinguishable from the appearance of the products themselves."<br /><br />How does this tally with the Arsenal case? I would say exactly the opposite. Consumers are absolutely capable and totally used to making assumptions about the commercial that are indistinguishable from the appearance of the products themselves. <br /><br />My wife recently bought my 12-year-old a hoodie with "Gap" emblazoned across the chest. When I teased him about being a walking billboard, he just said although he realised that Gap was the brand of the retailer/producer, he didn't mind because he just liked it. It was as simple as that.Matthew Ripponhttp://www.particularlegal.comnoreply@blogger.com