CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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WEDNESDAY, 27 NOVEMBER 2013
adidas originals handcrafted out of cardboard - A case of 'fair' use?
Posted by: Nikos Prentoulis @ 09.29
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adidas originals handcrafted out of cardboard - A case of 'fair' use?
An interesting example of what constitutes, or not, trade mark "fair use", or in European parlance, limitation to the effects of a registered trade mark, is depicted below.
According to designboom, "british illustrator and graphic designer chris anderson was commissioned by leeds-based streetwear shop the chimp store, to create replicas of their upcoming stocklist of adidas footwear arriving in 2014.
each scale model has been intricately crafted using 100% recycled
corrugated cardboard, featured in interpretations of the superstar
shelltoe, zx700, zx8000, campus and even the tennis classic stan smith
shoe. from the traditional three stripes to precisely cut out adidas
logotypes, each sneaker accurately depicts the original.".
There may be an issue as to how 'necessary' use of the trade marks involved is in order to 'indicate the intended purposes of the products', but the work is, in this blogger's view, indeed nice, the materials are eco-friendly and it does not appear to be a matter to definitely bring before the courts for a couple of (not all legal) reasons (hopefully all parties involved feel the same).
Posted by: Nikos Prentoulis @ 09.29
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Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3489
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