Did you “rip it off” or were you the first to use it?
April 21, 2020
By: Anton N. Handal
Plaintiff in the suit against Adidas AG was found not to have taken the steps to create an identity such that it entitled him to protection under the law. Accordingly, Adidas AG prevailed in a trademark infringement suit brought by Abraham Berti Levy that alleged the sportswear giant had ripped off his alleged "You're Never Done" catchphrase. In its ruling the California federal court found Adidas was the first to actually sell anything emblazoned with the phrase. The Court found that Levy could not sue Adidas for ripping off and using his alleged catchphrase in a major marketing push because he never properly registered the disputed trademark in the first place and did not use the mark in commerce before Adidas.
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