After many court rulings, from first instance courts to Supreme Courts and even the European Court, there now seems to be a tipping point in this saga. The national Court of the Hague has come to the conclusion that the signs are not similar.
The Adidas trademark is a repeating three-stripe pattern with equal spacing. The stripes at H&M look more like a thick stripe with a line between them (so significantly smaller spacing). In addition, the repetition is missing and this is not a pattern. The similarity therefore is low. Result: no infringement.
Chances are (given the history) that Adidas will appeal the decision in cassation. However, this statement is particularly relevant. The scope of protection of a logo is limited if it consists solely of simple geometrical elements such as stripes, dots, circles or squares. (Source image: Rechtspraak.nl)
