Sportswear brand Adidas lost a trademark infringement lawsuit against American luxury fashion brand Thom Browne Inc.
Adidas had claimed that Thom Browne’s four stripes were too similar to its three stripes, as per a report in the BBC. Browne argued that his brand had a distinct number of stripes and consumers were unlikely to mix the two brands. Adidas had intended to seek more than $7.8 million (Rs 63 crore) in damages, but a New York jury decided in favour of Browne.
The three stripes are a common feature in Adidas designs while Browne’s creations feature
four horizontal, parallel stripes that round the sleeve of a garment.
The legal team for Browne positioned him as the underdog going up against a powerful corporation and contended that the two brands catered to different markets. Thom Browne Inc. produces high-end clothing for wealthy customers and sportswear does not predominate the company’s designs, as per the BBC. Additionally, the fashion brand’s attorneys asserted that stripes constitute a typical pattern.
The conflict dates back 15 years. When Browne used a three-stripe pattern on a jacket in 2007, Adidas protested because it was too similar to their own. Browne decided to give it up and switched to a four-stripe pattern. Adidas did not contest that for years, but when Browne attracted attention following the 2018 sale and started venturing more into activewear, the sportswear giant took notice.
As reported by Reuters, Thom Browne said confusion between the companies’ designs was unlikely because they “operate in different markets, serving different customers, and offer their products at strikingly different price points.”
According to the documents of the case, Adidas has filed more than 200 settlement agreements and engaged in more than 90 court battles in relation to its trademark since 2008.