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Adidas & Thom Browne Go To Court Over Trademark Stripe Designs

By Alexa Heah, 05 Jan 2023

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Image ID 257994478 © via Kenishirotie | Dreamstime.com and ID 70810338 © via Vonora | Dreamstime.com

 

Adidas is currently taking on Thom Browne in a jury trial over both brands’ trademark logos, with the former accusing the latter of ripping off its iconic three stripes for a similar four-stripe motif. 


The feud first began in June 2021, when Adidas filed a lawsuit alleging the luxury fashion brand of having “imitated” its famed design, and capitalizing on its “extremely valuable goodwill” through “millions of dollars” of marketing campaigns.


In May last year, tensions escalated, and instead of backing down, the luxury label suggested the sportswear giant should lose the protections for its logo altogether, and that the brands targeted entirely different markets.

 

Image via Adidas and Thom Browne

 

Thom Browne’s CEO Rodrigo Bazan told WWD that the house has been given permission to use its famed four stripes for at least 12 years, and that despite having used it since 2007, Adidas only seemed to take notice in 2018. 


According to The Fashion Law, the athletic apparel company is gunning to take down Thom Browne under a finding of trademark infringement, claiming that consumers were likely to be confused between the two. 

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On the other hand, the luxury brand is arguing Adidas’ trademark—“three diagonal quadrilaterals positioned parallel to each other upon a contrasting background”—is too broad, and disadvantages competitors despite a differing number of stripes. 

 

Image via Adidas and Thom Browne

 

In recent opening statements, Adidas took issue with Thom Browne’s increasing expansion into the sportswear market, including sports-related apparel and deals with sports teams, which it pointed to as being confusing for consumers. 


The company’s attorney even presented survey evidence that allegedly showed nearly 30% of shoppers associated Thom Browne’s stripes with products sold by Adidas. 


Thom Browne’s lawyer, Robert T. Maldonado, said the brand has a track record of using the same “branding elements” over the past decade, and that as a high fashion label, it “does not compete with Adidas.” 


It remains to be seen how the matter will be concluded, with the trial expected to carry on for an estimated two weeks. Designer Thom Browne could be called to the stand to personally testify in the matter. 

 

Image via Adidas and Thom Browne

 

 

 

[via The Fashion Law and WWD, images via various sources]

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