In 2024, Adidas filed a claim in respect of allegations of trade mark infringement, counterfeiting and unfair competition in the District Court for the District of Oregon against Hall of Fame Sports Memorabilia Inc., with the final judgment being handed down this month. The claim revolved around Hall of Fame selling and distributing allegedly counterfeit Real Madrid CF and Argentina national team football shirts.
However, at trial Adidas encountered difficulties in its claims, with several being dismissed with leave to amend after District Judge Immergut heard that Adidas had failed to properly set out which of its registered trade marks it would rely upon in the claim. The Court even went so far as to say that “it very well may be that Adidas has a plausible claim that the jerseys infringe one or more of Adidas’ registered marks… but that is not what Adidas pleads”.
While UK trade mark law differs from its US counterpart, the principles in pre-action correspondence and pleading a claim remain all the same – it is vital to keep in mind that claims need to be made clear from the outset, and that the relevant intellectual property rights are set out in accordance with the rules.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
