Adidas challenged the use of decorative parallel stripes on sportswear, relying on its famous three-stripe mark. Fitnessworld argued that its stripes were purely ornamental and created no confusion.

The CJEU drew the line clearly: for marks with a reputation, it is not mandatory to prove a likelihood of confusion. It is enough to show that the third party obtains an unfair advantage from the reputation of the mark or that the mark suffers dilution of its distinctive character.

This is the extended protection provided by Article 8(5) EUTMR. It applies beyond the goods for which the mark is registered and even in the absence of direct confusion.

For owners of well-known marks, whether global brands or marks known on the Romanian market, this judgment provides a powerful tool against parties attempting to free-ride on the reputation of others.