Adidas have blocked several trade mark applications from LIV Golf and has filed a lawsuit over its striped logo. This comes after LIV ambassador Dustin Johnson ended a 15 year partnership with the German company.
This article will discuss why Adidas have done this and what the possible outcomes are.
LIV Golf
LIV Golf is a professional golf tour, founded in 2021, created to rival the PGA Tour. According to their website, LIV Golf’s aim is to “modernize and supercharge the wonderful sport of golf”. Their events are a contrast from traditional golfing, with unique formats, relaxed dress codes and music playing throughout the course.
However, the company hasn’t come without controversy. LIV Golf is financed by the Public Investment Fund, the sovereign wealth fund of Saudi Arabia. Many players and golf fans refused to endorse LIV due to criticisms that the Saudi Monarch is trying to improve their public image by funding large sporting events.
LIV Golf has already had one trademark issue, with Florida nightclub LIV Miami blocking the trademark of LIV Golf. This time, it is Adidas blocking trademark attempts from LIV Golf using stripes in their logo and branding.
The similarities of the stripes
The issue arose when LIV Golf filed a trademark application of their logo, pictured above. The stripes included are the reason Adidas blocked the application, claiming they bare a high resemblance to their own threes stripped design. Adidas have submitted that the logos resemblance will mislead the public to believe the two companies are associated and have consequently rejected all attempts to trademark from LIV.
LIV Golf have submitted several different applications for separate striped designs, meaning they may be able to keep some designs even if they have to relinquish others. Adidas have had a long history with trademark battles- filing 90 lawsuits over the three striped trademark. The majority of these cases were settled outside of court with the opposed brands agreeing to various undertakings.
It is likely that there will be limitations on how LIV can use their stripes on clothing to avoid confusion with Adidas, but they will still be allowed to keep their main design. Although the products made by Adidas and LIV Golf are similar, like the Thom Browne case they are not in direct competition with each other and this might be a key factor to the result.
Conclusion
Adidas has picked another company to try and remove their stripes but this will prove a difficult battle to win. LIV Golf’s trademark applications have been blocked but it is likely that this will be settled outside of court with LIV unable to use stripes in a similar manner to Adidas.
Jim Mann is a lawyer currently studying at the Open University. He can be contacted via info@lawdit.co.uk
