Adidas America Inc. v. Payless ShoeSource Inc.
- Read the following scenario below and the attached case study (in PDF file)
Adidas America Inc. v. Payless ShoeSource Inc. In 1994, Adidas and Payless got into a scuffle over stripes. Adidas had used its three-stripe mark as a logo of sorts since 1952, and had recently registered it as a trademark. But Payless was selling confusingly similar athletic shoes with two and four parallel stripes. The two companies hashed out a settlement, but by 2001, Payless was again selling the look-alikes. Fearing that the sneakers would dupe buyers and tarnish its name, Adidas America Inc. demanded a jury trial. The trial lasted seven years, during which 268 pairs of Payless shoes were reviewed. In the end, Adidas was awarded $305 million—$100 million for each stripe, as the Wall Street Journal’s Law Blog calculated.
1- Introduction (Summary of the case and the objective of the report. Must summarize the paper research so the reader will have a clear idea about what he will read and find in the paper research, address thesis statement at the end of the introduction).
2- Critically appraise how trademarks are protected in the UAE (CLO2, 15 Points).
1) Differentiate between protection of the company’s trademarks, and retains all other IP rights for an item developed by your company – CLO2
2) Apply the scenario mentioned in the case study to UAE, you have to list the trademarks laws in protection by referring to the clauses in the law of civil transactions, and in aspect of violations of trademarks as per the laws in UAE.
3- Judge what liability and remedies in case others imitate Adidas’s trademark in the UAE so Adidas may file a case for trademark violation. (CLO2, 10 Points).
1) Apply the scenario mentioned in the case study to UAE, you have to list the trademarks laws in protection by referring to the clauses in the law of civil transactions, and in aspect of violations of trademarks as per the laws in UAE.
2) Justify reasons for registration of trademarks although the same is automatic in most countries including UAE upon creation of the work or the used trademark – CLO2
3) Discuss from literature what are the issues that companies may face when protecting their trademarks and maintain the same within the global context – CLO3
4- Critically evaluate what rights are granted to the owner of a trademark in the UAE including the term of protection and how the scopes of protection of trademark rights are determined. (CLO3, 15 Points).
1) Considering the time frame, fees in case of violating the trademarks laws, mention the difference between trade mark and trade name, list the followed laws in UAE about trademarks.
2) Discuss from literature what are the issues that companies may face when protecting their trademarks and maintain the same within the global context – CLO3
3) Justify reasons for registration of trademarks although the same is automatic in most countries including UAE upon creation of the work or the used trademark – CLO2