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“阿迪达斯就像一只保护幼崽的母老虎,凶猛地保护着它的经典条纹设计。”美国《福布斯》杂志这样评价道。4月10日,这一德国运动品牌巨头又一次赢得了保护“幼崽”的胜利。欧盟法院...
“阿迪达斯就像一只保护幼崽的母老虎,凶猛地保护着它的经典条纹设计。”美国《福布斯》杂志这样评价道。 4月10日,这一德国运动品牌巨头又一次赢得了保护“幼崽”的胜利。欧盟法院的有利裁决,标志着阿迪达斯的“三条杠”霸业,向着“两条杠”、“四条杠”迈进,也标志着它的“条纹霸业”跨出德国,开始向欧盟乃至全球扩展。尽管阿迪达斯的商标为三道条纹,欧盟法院的裁决却能在法律上杜绝任何竞争对手使用两道、四道条纹的设计。法院解释说,重要的不是条纹数量,而是购买者是否会将它与阿迪达斯商标联系起来。 阿迪达斯这次战胜的对象,包括C&A、H&M、MArca Mode和Vendex四大国际服装商。而为了这一纸判决,阿迪达斯已经争取了十年之久。 还是在上世纪90年代末,阿迪达斯就向荷兰当地法院提起控诉,称上述四大服装商使用的两条纹设计侵犯其商标权益。对这一“疑难案件”,荷兰法院久拖未决,直到去年双方最终决定将其提交到欧盟法院。欧盟法院裁决后,该案件还将再次返回到荷兰法院,由后者判定各方的赔偿额等。 实际上,在20世纪70年代,德国法庭就已做出终审判决,任何两道、三道或是四道条纹的设计都侵犯阿迪达斯“三条杠”商标权。
在德国以外,阿迪达斯的“条纹官司”也不断发生。2003年,阿迪达斯在卢森堡起诉Fitness世界贸易公司。2005年,阿迪达斯连续向美国法庭指控拉尔夫劳伦和A&F,认为它们的两道条纹图案服装及运动鞋侵犯了自己的商标。 但目前“五条杠”设计还是例外。自1966起,美国K-Swiss鞋类品牌就一直使用毫无争议的五道条纹。 本月欧盟法院的裁决意味着在欧盟范围内,服装及运动鞋上如果使用两道、三道或四道条纹设计,就很有可能侵犯了阿迪达斯的商标权。这当然是对阿迪达斯竞争对手的打击,但它同样也引起一些独立设计师的不满。伦敦知名设计师厄休拉·赫德森女士在接受媒体采访时就表示,这种条纹设计元素“不应当是某家公司的私人财产”。她认为这一判决带来的最危险结果是“限制设计师的创造灵感并打击整个设计行业”。 展开
在德国以外,阿迪达斯的“条纹官司”也不断发生。2003年,阿迪达斯在卢森堡起诉Fitness世界贸易公司。2005年,阿迪达斯连续向美国法庭指控拉尔夫劳伦和A&F,认为它们的两道条纹图案服装及运动鞋侵犯了自己的商标。 但目前“五条杠”设计还是例外。自1966起,美国K-Swiss鞋类品牌就一直使用毫无争议的五道条纹。 本月欧盟法院的裁决意味着在欧盟范围内,服装及运动鞋上如果使用两道、三道或四道条纹设计,就很有可能侵犯了阿迪达斯的商标权。这当然是对阿迪达斯竞争对手的打击,但它同样也引起一些独立设计师的不满。伦敦知名设计师厄休拉·赫德森女士在接受媒体采访时就表示,这种条纹设计元素“不应当是某家公司的私人财产”。她认为这一判决带来的最危险结果是“限制设计师的创造灵感并打击整个设计行业”。 展开
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"Adidas as a protection of the Mulaohu cub, fiercely protecting its classic stripe design." American "Forbes" magazine this appraisal Road. April 10, the giant German sports brand protection again won the "cub" victory. EU Court of the favorable ruling marks Adidas "three bars" Supremacy, toward "two bars," and "four bars" forward, it also marked the "fringe Supremacy" took Germany, began to Europe UNITA and global expansion. Despite the Adidas trademark three stripes, the EU Court's ruling in the legal able to stop any of our competitors use two, four stripes design. Court explained that the important is not the number of stripes, but whether it will be purchased with the Adidas trademark linked. Adidas defeat the object of this, including C & A, H & M, MArca Mode and Vendex International Bizhuangshang four. To this ruling, Adidas has been fought for 10 years. Or in the late 1990s, the Netherlands on Adidas to sue in the local courts, said that all four Bizhuangshang stripe design used by the two violations of its trademark rights. On the "difficult cases", the Netherlands Court protracted, the two sides last year until the final decision will be submitted to the EU court. EU court ruling, the case will once again return to the Netherlands court, the latter determined by the parties, such as the amount of compensation. In fact, in the 1970s, the German court had already made a final judgement, any two, three or four stripes of Adidas designs are "three bars" trademark.
In Germany, Adidas "fringe lawsuit" also continue to occur. In 2003, Adidas in Luxembourg prosecution Fitness World Trade Corporation. 2005, the United States Court for Adidas allegations Laerfulaolun and A & F, that their two stripes logo apparel and sports shoes infringed its trademark. But "five bars" design or exceptions. Since 1966, the United States K-Swiss footwear brand has been using undisputed five fringes. The EU this month in the court's ruling means that within the EU, clothing and sports shoes, if you use two, three or four stripes design, it is very likely violated the Adidas trademark. This, of course, is against Adidas competitors, but it also caused some dissatisfaction with the independent designers. London closes Lahedesen Eritrea renowned designers interviewed by the media, when it said that such a stripe design element "should not be a company's private property." She considered that the verdict of the most dangerous result is that "restrictions on the designers and inspired the creation of the fight against the entire design industry."
有语言工具可以帮助啊,一定对!
In Germany, Adidas "fringe lawsuit" also continue to occur. In 2003, Adidas in Luxembourg prosecution Fitness World Trade Corporation. 2005, the United States Court for Adidas allegations Laerfulaolun and A & F, that their two stripes logo apparel and sports shoes infringed its trademark. But "five bars" design or exceptions. Since 1966, the United States K-Swiss footwear brand has been using undisputed five fringes. The EU this month in the court's ruling means that within the EU, clothing and sports shoes, if you use two, three or four stripes design, it is very likely violated the Adidas trademark. This, of course, is against Adidas competitors, but it also caused some dissatisfaction with the independent designers. London closes Lahedesen Eritrea renowned designers interviewed by the media, when it said that such a stripe design element "should not be a company's private property." She considered that the verdict of the most dangerous result is that "restrictions on the designers and inspired the creation of the fight against the entire design industry."
有语言工具可以帮助啊,一定对!
参考资料: http://translate.google.com/translate_t?langpair=zh|en
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"Adidas as a protection of the Mulaohu cub, fiercely protecting its classic stripe design." American "Forbes" magazine this appraisal Road. April 10, the giant German sports brand protection again won the "cub" victory. EU Court of the favorable ruling marks Adidas "three bars" Supremacy, toward "two bars," and "four bars" forward, it also marked the "fringe Supremacy" took Germany, began to Europe UNITA and global expansion. Despite the Adidas trademark three stripes, the EU Court's ruling in the legal able to stop any of our competitors use two, four stripes design. Court explained that the important is not the number of stripes, but whether it will be purchased with the Adidas trademark linked. Adidas defeat the object of this, including C & A, H & M, MArca Mode and Vendex International Bizhuangshang four. To this ruling, Adidas has been fought for 10 years. Or in the late 1990s, the Netherlands on Adidas to sue in the local courts, said that all four Bizhuangshang stripe design used by the two violations of its trademark rights. On the "difficult cases", the Netherlands Court protracted, the two sides last year until the final decision will be submitted to the EU court. EU court ruling, the case will once again return to the Netherlands court, the latter determined by the parties, such as the amount of compensation. In fact, in the 1970s, the German court had already made a final judgement, any two, three or four stripes of Adidas designs are "three bars" trademark.
In Germany, Adidas "fringe lawsuit" also continue to occur. In 2003, Adidas in Luxembourg prosecution Fitness World Trade Corporation. 2005, the United States Court for Adidas allegations Laerfulaolun and A & F, that their two stripes logo apparel and sports shoes infringed its trademark. But "five bars" design or exceptions. Since 1966, the United States K-Swiss footwear brand has been using undisputed five fringes. The EU this month in the court's ruling means that within the EU, clothing and sports shoes, if you use two, three or four stripes design, it is very likely violated the Adidas trademark. This, of course, is against Adidas competitors, but it also caused some dissatisfaction with the independent designers. London closes Lahedesen Eritrea renowned designers interviewed by the media, when it said that such a stripe design element "should not be a company's private property." She considered that the verdict of the most dangerous result is that "restrictions on the designers and inspired the creation of the fight against the entire design industry."
In Germany, Adidas "fringe lawsuit" also continue to occur. In 2003, Adidas in Luxembourg prosecution Fitness World Trade Corporation. 2005, the United States Court for Adidas allegations Laerfulaolun and A & F, that their two stripes logo apparel and sports shoes infringed its trademark. But "five bars" design or exceptions. Since 1966, the United States K-Swiss footwear brand has been using undisputed five fringes. The EU this month in the court's ruling means that within the EU, clothing and sports shoes, if you use two, three or four stripes design, it is very likely violated the Adidas trademark. This, of course, is against Adidas competitors, but it also caused some dissatisfaction with the independent designers. London closes Lahedesen Eritrea renowned designers interviewed by the media, when it said that such a stripe design element "should not be a company's private property." She considered that the verdict of the most dangerous result is that "restrictions on the designers and inspired the creation of the fight against the entire design industry."
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