O'Neills using 'three stripes' design

tonton zola

How are O'Neills getting away with the use of the three stripe design which adidas have trademarked?

I know they used it in the 80s, before adidas actually trademarked it. Does this have some effect?

Seeing as adidas are bring a number of companies to court in the U.S., its risky of O'Neills to have the design on most of their new kits.

I trivial question maybe, but I'm interested in it so if anyone knows...

john concannon

Adidas would have sued them already if they had a problem.Weren't Kerry sponsored by Adidas.

Mushy

john concannon wrote: »

Adidas would have sued them already if they had a problem.Weren't Kerry sponsored by Adidas.

Can ya give a picture of the three stripes? My club have all O'Neills gear, the only stripes are on the socks(3), and shorts(2). I dont think its part of the logo, its just a way to get the colours of teams shown. If it was part of the logo then there could be trouble!

APM

http://www.flickr.com/photos/chrislynam/2358468342/in/set-72157604225559092/

tonton zola

john concannon wrote: »

Adidas would have sued them already if they had a problem.Weren't Kerry sponsored by Adidas.

Adidas made the kerry jersey in the late 90s but I believe the GAA forced Kerry to drop them as it broke the rule that states all playing gear must be made in Ireland and by an Irish company.

That pic clearly shows what I'm talking about. Almost all county jerseys this year have that on the sleeve

Mushy

APM wrote: »

http://www.flickr.com/photos/chrislynam/2358468342/in/set-72157604225559092/

Ah ok, thats fair enough. I knew about the shorts/socks, they've always been like that, but didnt focus on the jersey too much. Do see it could be a problem!

Yavvy

APM wrote: »

http://www.flickr.com/photos/chrislynam/2358468342/in/set-72157604225559092/

Thats 2 navy stripes not 3 white ones

baztard

There was a sourt case or something of the likes about this years ago. O'Neills still use the 3 stripes so they must have come out on top in it. It was in the paper there a few weeks back that Adidas are going to buy O'Neills. The big sports manufacturers have copped on to the amount of money to be made in selling GAA jerseys.

Waylander

baztard wrote: »

There was a sourt case or something of the likes about this years ago. O'Neills still use the 3 stripes so they must have come out on top in it. It was in the paper there a few weeks back that Adidas are going to buy O'Neills. The big sports manufacturers have copped on to the amount of money to be made in selling GAA jerseys.

With the price of a replica GAA jersey I am surprised they did not see the possibilities before. They must be twice as expensive as the soccer jerseys.

Yavvy

Waylander wrote: »

With the price of a replica GAA jersey I am surprised they did not see the possibilities before. They must be twice as expensive as the soccer jerseys.

Really ? I thought soccer Jerseys cost like 50-60 yoyo's ( not that I have ever looked at buying one )I think the Dublin Jersey is 55, no ? cant remember its been so long since I bought my last batch of dublin gear.

Nalced_irl

Dublin got some sort of sponsorship from Adidas a few years back also didnt they? All players got free Adidas Predator boots etc. Cant remember if there were problems with the GAA rule there also but id say there was.

Bobalicious93

Well I remember seeing ad's for adidas with GAA players wearing the gear so there must be some sort of deal already as it is

Mushy

Alany wrote: »

Really ? I thought soccer Jerseys cost like 50-60 yoyo's ( not that I have ever looked at buying one )I think the Dublin Jersey is 55, no ? cant remember its been so long since I bought my last batch of dublin gear.

Yeah, soccer and GAA jerseys cost the same or thereabouts. Then in saying that, I got last years Tipp one for €10, so they go down a bit too:D

dats_right

tonton zola wrote: »

How are O'Neills getting away with the use of the three stripe design which adidas have trademarked?

Adidas brought court proceedings in the early 1980's against O'Neills for using the three stripe design and both the High Court and Supreme Court found in favour of O'Neills.

As it happens Adidas only started using the three stripe design in 1967, whereas O'Neills began putting stripes on their products since 1965, albeit in varying numbers from 1 to 3 stripes. After a while though they began to focus on three stripes also.

For those of you with access to Law Reports, See:
Adidas Sportschuhfabriken Adi Dasler KA -v- Charles O'Neill & Co. Ltd. [1983] ILRM 112

CyberDave

tonton zola wrote: »

Adidas made the kerry jersey in the late 90s but I believe the GAA forced Kerry to drop them as it broke the rule that states all playing gear must be made in Ireland and by an Irish company.

Probably the reason adidas don't sue is that they know it's a rule for GAA teams to wear only irish made gear and the three stripes on O'Neills gear maybe be copying adidas but they don't mind because most people would associate the three stripes with adidas more so than O'Neills on first viewing. So even if adidas are not making any of the GAA team playing kits they are still getting itno peoples heads by the three stripes being used.

micks

dats_right wrote: »

Adidas brought court proceedings in the early 1980's against O'Neills for using the three stripe design and both the High Court and Supreme Court found in favour of O'Neills.

As it happens Adidas only started using the three stripe design in 1967, whereas O'Neills began putting stripes on their products since 1965, albeit in varying numbers from 1 to 3 stripes. After a while though they began to focus on three stripes also.

For those of you with access to Law Reports, See:
Adidas Sportschuhfabriken Adi Dasler KA -v- Charles O'Neill & Co. Ltd. [1983] ILRM 112

I asked an O'Neills rep the same question a while back and he said something along these lines. But he also said that O'Neills can only use the 3 stripes in the republic and that anything being exported or northern jerseys couldn't have the 3 stripes on them

paddylonglegs

Don't think adidas will be too put out by the three stripes.GAA is mainly kept within Ireland so its only a drop in the ocean for adidas.Never seen a gaa jersey on sale abroad,maybe i'm wrong,possibly LOndon or New York?

A few years ago O'Neills got an injunction against the O'Neill surf brand so that tey could not stock any of their clothes in Ireland.You will never see O'Neill surf shorts in a any surf/sports shops

BoardsRanger

this case was decided in 1983 where it was found that o'neills had adapted its jerseys sufficiently by placing the o'neills name under the design so that the puplic would not be confused. the main issue in passing off is if the customers would be confused.

Mint Sauce

not sure where i heard or read this, but oneills (GAA) agreument was their design is two strips (within the three), if that makes sense

Stealdo

Gas that all this speculation is still being posted - dats_right has given you the reason, the ruling and even cited the case that it was decided in.

So - it did bother Adidas, it bothered them enough to bring court proceedings. Obviously the ruling would only apply in the Republic as unfortunately our courts can only decide on law within the Jurisdiction. And it has nothing to do with interpretation of whether O'Neill's use 2 stripes or 3, the court ruled that O'Neills were already using 3 stripes before Adidas' trademark was in place, so trademark effectively doesn't exist in the Republic.

Dats_right do you know whether a similar case was heard in the UK? Considering that O'Neills may well have been using the design in the North at the same time? Or would Adidas have had their trademark in place earlier in the UK? Also how would this stand with selling jerseys such as these in shops in the UK or elsewhere?

dats_right

Stealdo wrote: »

Gas that all this speculation is still being posted - dats_right has given you the reason, the ruling and even cited the case that it was decided in.

Was sort of wondering that myself, but didn't like to say.

Stealdo wrote: »

Dats_right do you know whether a similar case was heard in the UK? Considering that O'Neills may well have been using the design in the North at the same time? Or would Adidas have had their trademark in place earlier in the UK? Also how would this stand with selling jerseys such as these in shops in the UK or elsewhere?

Good question, i'm not sure of the answer but will do my best and try find out.

patmac

It could have been an error in their Chinese factory.

gucci

paddylonglegs wrote: »

A few years ago O'Neills got an injunction against the O'Neill surf brand so that tey could not stock any of their clothes in Ireland.You will never see O'Neill surf shorts in a any surf/sports shops

I'm pretty sure you can buy that brand in Ireland, it might not be very popular, but I cant think of where else the Oneill hoody I have came out of

micks wrote:

I asked an O'Neills rep the same question a while back and he said something along these lines. But he also said that O'Neills can only use the 3 stripes in the republic and that anything being exported or northern jerseys couldn't have the 3 stripes on them

Armagh have 3 stripes on their current shirt

paddylonglegs

gucci wrote: »

I'm pretty sure you can buy that brand in Ireland, it might not be very popular, but I cant think of where else the Oneill hoody I have came out of

You got it down Fairyhouse Market,its a rip-off!!! :P

kmart6

Old thread about it here