Trademark enforcement is a legal right—but when global brands like Adidas challenge non-profits like Black Lives Matter in front of the USPTO, public perception can quickly complicate the strategy. A recent TTAB opposition shows how fast a legal filing can become a PR firestorm.
It’s not everyday that we see such newsworthy activity in the Intellectual Property world.
Last week, adidas, AG, adidas International Marketing BV (“Adidas”) filed an Opposition in the Trademark Trial and Appeal Board (“TTAB”) against registration of an application filed by Black Lives Matter Global Network Foundation, Inc. (“BLM”).
The BLM logo that Adidas objected to is quite literally BLM’s logo. Here it is, in case you need a refresher:
According to Adidas, that logo is so similar to the Adidas “Three Stripe” logos, that it will likely cause consumer confusion as applied to certain goods and services listed in BLM’s application. The alleged offending goods include apparel and bags, which, given the magnitude of trademark protection that Adidas has over that type of product, might be a loosely plausible argument. Unfortunately, Adidas did not stop there. They also said that BLM should not be able to register their logo for “Promoting public interest in and awareness of topics of interest to those in the fields of activism and community organizing in the Black community…”
Not a good look.
Whether you are an international corporation, mom-and-pop shop, non-profit, or individual person, you should have the right to enforce your trademarks. However, corporations and their attorneys need to be increasingly more careful about the message they are sending.
Social media is changing the game – court filings and threatening correspondence can be shared at the speed of light, by nearly anyone with internet. Gone are the days when you can simply copy and paste a cobbled-together argument and send it out without second thought.
Public outcry can sink generations of goodwill in one 24-hour news cycle. Even if you set aside personal morals and remain pragmatic, that goodwill is something to keep in mind.
As for the Adidas debacle, not surprisingly, they dismissed the Opposition two days later. Two days too late in this law blogger’s opinion.
Bottom Line: Every brand, large or small, has the right to enforce its trademark. But in an age of social media scrutiny and lightning-fast public reaction, legal decisions don’t happen in a vacuum. Companies must weigh the legal merit of their claims against the messaging they send to consumers. As this case shows, protecting your brand shouldn’t come at the expense of the goodwill it was built on.
Have questions about your trademark application?
Contact Stemer Law | hello@stemerlaw.com | (303) 928-1094 | Based in Colorado | Serving clients nationwide and internationally
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