The Higher Regional Court of Düsseldorf partially overturned its earlier decision in a second appeal hearing resulting in Nike being able to use three stripes on some of their trousers.
This case demonstrates the increasing difficulty of protecting stripes for sportswear. Stripes on clothing are often seen as mere decorative elements rather than distinctive elements capable of identifying source.
Consequently, sportswear companies are being urged to invest in more distinctive, recognisable branding strategies that go beyond simple stripes.
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