Tam Tam Fashions, Children’s wear 2003 LTD filed Israel Trademark Application No. 261386 for the above mark.
Adidas AG opposed the mark on 1 November 2015, and Tam Tam was given two months to file their counter-statement of case.
Tam Tam neither filed a counter-statement of case nor requested an extension, so it appears as though they have abandoned the mark.
Consequently, under Section 24(e) of the Israel Trademark Ordinance 1972 Tam Tam is considered as having abandoned their mark, and as per regulation 37 of the Trademark Ordinances 1940, they are considered as not disagreeing with the allegations made in Adidas’ Statement of Case. The Opposition is accepted and Israel Trademark File No. 261386 is considered closed.
Adidas are awarded 1000 Shekels costs.
Adidas are entitled to their three stripe mark and to anything confusingly similar with it. They aggressively defend their mark. However, the Israel Supreme Court has accepted that other manufacturers and importers can use striped marks that are not confusingly similar. See the Sydney ruling here.
I don’t think that a red and a blue line over the words Tam Tam are confusingly similar to Adidas’ famous logo. That said, I can understand why Tam Tam decided not to fight the famous sports brand, and in the circumstances, regardless of the merits or lack of merits to Adidas’ arguments, ms Yaara Shoshani Caspi is correct that by not responding. Tam Tam has accepted them.
In my mind’s eye, I see a group of teenagers in fashionable sneakers kicking a toddler lying on the ground. I wonder why?