Adidas has filed a Notice of Opposition against Turner Sports, Inc. for the application of its E mark which includes three parallel stripes in a diagonal as its logo. The logo is to be used for its Esports league, ELeague, which has found a home on TBS.
In its application, it states that the mark “consists of The letter E formed by three slanted parallel lines.”
The application, filed on June 9, 2016, the goods and services are for:
Marketing services, namely, promoting the goods and services of others by allowing sponsors to affiliate their goods and services with participants or exhibitions in the field of electronic sports; online retail store services; retail store services featuring virtual goods, namely, clothing for use in online virtual worlds; association services, namely, promoting the interests of participants in the field of electronic sports; organizing, scheduling, conducting, and promoting exhibitions in the field of electronic sports; promoting public interest in the field of electronic sports; providing a forum to showcase, display, demonstrate, and promote ideas, products, and services in the field of electronic sports
A Notice of Opposition was filed on October 10, 2017. The 139-page Notice of Opposition which mainly includes exhibits essentially points out that the 3 stripes would likely be confused with the proposed applicant. It alleges likelihood of confusion and dilution per the Lanham Act.
This will be an interesting case to follow as Adidas is asserting that it is “The Brand with the 3 Stripes.” Yet, the Turner logo differs despite the use of the three stripes on the Adidas brand being used in a variety of ways. The Turner logo seems to be affixed in a three-line parallel slant. There is a question of whether these two marks would be in the same class and whether there would truly be a likelihood of confusion.