A Tale of Two Trademarks: A US Analysis of the Protection Strategies of adidas and Converse

Abstract

Each day consumers are presented with numerous advertisements and marketing communications regarding goods and services. To break through the clutter, strong brands must have products and services that are distinguishable to consumers. Unfortunately, as brands seek to become more identifiable, they may be confronted with competing products that will use similar names, packaging or slogans to influence consumer purchase decisions. One of the best strategies to combat unfair marketing tactics by competitors is through the registration and protection of a trademark. Recently, adidas and Converse have been characterized as being aggressive in their trademark protection strategies. Using these companies as a foundation, the purpose of this article is to provide guidance to sport brands regarding trademark enforcement and protection. First, the authors discuss the history of adidas and Converse and their approaches to trademark protection. Next, the strategies of these companies are compared and contrasted. Lastly, the authors provide recommendations to sport brands regarding best trademark protection practices.