Final victory for H&M in stripes matter against Adidas before the Hoge Raad (Dutch Supreme Court)

Keep the faith became a mantra for Bjorn Norberg and me after H&M’s victory on 28 January 2020 before the Court of Appeal The Hague in the stripes matter against Adidas. And we sticked to that mantra also in the cassation proceedings that Adidas started against H&M before the Hoge Raad (Dutch Supreme Court) and today this resulted for H&M in a positive, final decision of the Hoge Raad on the merits of the case after so many years of litigation. Almost 25 years! The Hoge Raad dismissed Adidas' appeal to the Hoge Raad and ordered Adidas to pay the costs in the proceedings in cassation. The Hoge Raad has assessed the complaints about the judgment of the Court of Appeal The Hague. The outcome is that Adidas’ complaints clearly cannot lead to the annulment of the judgment in appeal. The Hoge Raad does not have to give reasons why it has reached this opinion. In assessing these complaints, the Hoge Raad established furthermore that there is no need to answer questions that are important for the unity or development of the law (a so called 81(1) of the Dutch Judicial Organization Act completion by the Hoge Raad). Thus the decision of the Court of Appeal The Hague has become final. A well deserved win: congratulations to H&M and Bjorn Norberg. H&M was represented before the Hoge Raad by Willem Hoyng, Frank Eijsvogels and me.