Adidas Files Notice of Opposition Against LIV Trademark
According to a report from Yahoo News, Adidas—the Germany-based multinational athletic apparel company—has filed a Notice of Opposition against LIV’s trademark filing. LIV is a professional golf tour that recently started a merger with the PGA. Adidas argues that the LIV logo is confusingly similar to its own trademark-protected logo. Here, our Florida trademark infringement lawyer provides an overview of the case and highlights key things to know about trademark oppositions.
Adidas is Seeking to Stop LIV’s Trademark Registration
Following its agreement to merge with the PGA in July of 2023, LIV is stepping up its commercial presence in the United States. The organization has filed an application seeking registration of a trademark. Adidas contends that the proposed trademark closely resembles its own trademark. Now, Adidas is taking legal action against LIV Golf League to protect its brand, most notably, the iconic three-stripe logo that the athletic apparel company is closely associated with. The company has filed a Notice of Opposition with the USPTO against LIV’s trademark registration of a striped logo. Adidas alleges that the “L” logo of the Saudi-backed golf league closely resembles its own and that it could confuse consumers
What is a Notice of Opposition in a Trademark Case?
A Notice of Opposition in a trademark case is a formal petition filed by a third party challenging the proposed trademark registration. The core purpose of the petition is to prevent the approval and registration of the proposed trademark. Most often, a trademark opposition is filed after the trademark application is published in the official gazette, and it commences a legal proceeding where the opposing party presents reasons and evidence to demonstrate why the trademark should not be registered.
What You Need to Prove to Successfully Oppose a Trademark Registration
The successful opposition of another party’s trademark registration requires presenting clear and convincing evidence. As a foundation, you will need to establish that you have prior rights. Most often, this means demonstrating an already existing trademark that could conflict with the proposed trademark. Beyond that, you will need to assert some type of grounds that the other party’s trademark registration should be denied, such as:
- Likelihood of Confusion: You must prove that the registration of the new trademark will likely cause confusion among consumers regarding the source of goods or services.
- Descriptiveness or Genericness: You can establish that the applied-for mark is merely descriptive or generic, and therefore not entitled to trademark protection.
- Fraud or Bad Faith: You can show that the trademark application was filed in bad faith or with fraudulent intent.
Contact Our Florida Trademark Opposition Attorney Today
At Perkins Law, our Florida trademark opposition lawyer is a solutions-driven advocate for clients. If you have any questions about a trademark opposition, our legal team is more than ready to help. Contact us right away for your completely confidential case review. We handle trademark oppositions for businesses in Palm Beach County, South Florida, and beyond.