According to the Court Pepkor was passing off its footwear as that of adidas. It was clear to the Court that the rights acquired by adidas were infringed by the unauthorised use of a mark that so nearly resembled the registered mark that it was likely to deceive or cause confusion.
It all started in October 2007, when adidas discovered that Ackermans and Pep Stores had been selling trainers and soccer boots featuring two and four parallel stripes. Pepkor stated in used the stripes as mere embellishments, not as a trademark. The court ruled in favor of adidas.
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