Adidas Loses Trademark Lawsuit Against Thom Browne Over Stripe Design

Topline

Adidas lost a trademark infringement lawsuit Thursday it brought against Thom Browne, after it claimed the luxury fashion brand used the sportswear giant’s famous “three stripes” logo design without its permission.

Key Facts

The eight-person jury ruled in favor of Thom Browne, after it was sued by Adidas in 2021 for $7.8 million over claims it “imitate[d]” Adidas’ signature three-stripe logo and motif, according to Bloomberg Law.

The suit centered around Browne’s “Four-Bar Signature” stripes design, and the brand’s Grosgrain Signature—a red, white and blue line pattern design, which Browne’s team argued in court documents featured five stripes, but Adidas lawyers said was just three, according to CNN.

The trial at Manhattan’s Southern District Court lasted just one week, and the jury deliberated for three hours.

Forbes has reached out to Adidas for comment, and a spokesperson for the company told Footwear News it is “disappointed with the verdict” and will continue to “vigilantly enforce” its intellectual property.

Crucial Quote

Adidas “does not own stripes,” a lawyer for Thom Browne, Robert Maldonado, argued during closing arguments Thursday, Bloomberg Law reported.

Key Background

Around 2005, the Browne brand began selling a three-striped design, known as the “Three-Bar Signature.” Roughly two years later, Adidas contacted the brand about the design, and Thom Browne agreed to stop using it, according to CNN, citing court documents. It was after this, in 2008 and 2009, when the “Four-Bar Signature” look became available. Adidas said it only became aware of the possible trademark infringement in 2018, when Thom Browne filed to trademark “Grosgrain Signature.” Adidas claimed that Thom Browne’s use of the striped design on activewear was “likely to cause consumer confusion and deceive the public.” Adidas has used its classic three-stripes since 1949. It has sued several other brands for possible trademark infringement over it, including Polo Ralph Lauren in 2004, Abercrombie & Fitch in 2005 and Forever 21 in 2017.

Further Reading

Adidas takes fashion house Thom Browne to court over striped motif (CNN)

Thom Browne Wins Stripes Trademark Case Against Adidas (Women’s Wear Daily)

Adidas Loses ‘3-Stripe’ Trademark Trial Against Thom Browne (Bloomberg Law)