European Union's highest court ruled Thursday that it is up to national authorities to determine whether clothing with designs similar to Adidas' three stripes infringes on the German company's trademark. Adidas had sued several companies in the Netherlands to try to stop them from using decorative designs resembling the three-stripe motif, such as the use of two stripes.


 


A Dutch court asked the Luxembourg-based European Court of Justice for advice, and on Thursday it said “the national court must determine whether the average consumer” would link the two.


 


When it comes to trademark protection, it said in a statement, “the mere fact that the relevant section of the public establishes a link between the two is sufficient.”


 


Marca Mode, C&A, Hennes & Mauritz and other apparel companies said the simple use of a few stripes should be available to all.