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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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IP lawyer,Will the logo and company name infringe any of

Customer Question

IP lawyer,Will the logo and company name infringe any of adidas trade mark rights?
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
the company name is ***** ***** have atached the logo to the question
Expert:  KJLLAW replied 1 year ago.
Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.Adidas trademark consists of the three stripes, or parallel lines, which typically feature along the side of Adidas products, and their name is ***** ***** To determine whether the offending product or image infringes on Adidas’ trademarks and product designs, a U.S. court would have to assess whether the stripes, in light of the overall product design, are likely to cause consumer confusion. It appears that your design and letters would not infringe upon their trademark and would not cause confusion with an Adidas branding. You symbol is not close to the three stripes.I hope this helps with your question.
Customer: replied 1 year ago.
Sorry I can't see your profile? May I know whom is answering my question?
Expert:  KJLLAW replied 1 year ago.
I see your question is for the UK, I will have to opt out and have an attorney in the UK answer your question.
Expert:  Stuart J replied 1 year ago.
I am in the UK. We cannot see the logo? Can you resend please? Thanks
Customer: replied 1 year ago.
please see logo and attached file
Expert:  Stuart J replied 1 year ago.
Thank you. I have it now. Thank you. I have it now. I run this past the colleague of mine and she is of exactly the same opinion as me and that is that not by even a very vivid stretch of a very imaginative mind these two be confused.About the only resemblance are the letters AS.The test is whether the average man in the street (who used to be defined as a man on a London Omnibus) would look at the logo be confused as to whether it was the original one.The leading case on this was one of the biscuit companies and one of the supermarkets and although I can’t remember the parties names (Google would find it) I do remember the facts.The biscuit company had the biscuit Penguin. The supermarket have their own brand which you used the same colours in the packaging and had a picture of a Puffin on the front. Use the phrase p,p,p,p ,pick up a Puffin, in its advertising material and the even put it on the same shelf as the Penguin biscuits. Penguin biscuits owner took the supermarket to court the supermarket lost. I am not surprised.Now, although we are of the opinion that in no way could these two be confused, that is not to say that Adidas could not take exception to it and issue court proceedings even though ultimately those court proceedings may fail. It could cost tens of thousands of pounds in legal costs meanwhile even though ultimately they would lose. If you have been threatened by them, that is something that you have to consider.Remember please that litigation always needs at least 2 parties and neither of them goes to court expecting to lose. Nonetheless, one of them does even though they have been told by their respective legal advisers that they have a good chance of success.I am not certain whether that answers the question for you or not but I am happy to answer any specific points arising from this.Please do not forget to use the rating service to write my answer positively so that I credit my time today. Although you may get the impression the throat closes after writing, it does not, it remains open we can still exchange emails if you wish. Kind regards
Customer: replied 1 year ago.
nothing has happend, but the law is the law, if there is no confusion there is no issue, thats fine, i was just being cautious and asking as many questions but nothing has happend, again thank you for the answer
Expert:  Stuart J replied 1 year ago.
We can only give an opinion and now you have it.We can never guarantee an outcome but if I were advising the other co, I would say they have almost nil chance of saying that you were passing off. When you get a mo please don’t forget to rate my service otherwise I don’t get paid for my time. ThanksKind regards
Customer: replied 1 year ago.
The law isn't 100% I understand that but your opinion is more valid then mine as a lawyer so it's fine I will rate your answer, was your colleague a ip lawyer who you asked?
Expert:  Stuart J replied 1 year ago.
Thank you.No, I personally didn’t ask anyone with IP experience the question. The reason is that the test is whether the average person in the street would look at the two representations and be confused into thinking that one was the other or that one was owned by the author or in some way connected.In fact, the person that I asked seem to think that I was a bit stupid for asking in the first place because the answer was so obvious that these were not even remotely like each other. You should now see the rating button that will allow you to rate the service. Kind regards
Expert:  Stuart J replied 1 year ago.
Can I assist you any further with this today?When you get a moment, could I please trouble you to use the rating service?Unless you rate my answer service positively, I don’t get paid at all.Thank you.Kind regards