Adidas vs Thom Browne Stripe Lawsuit | Legal Clash

*By Minh Vuong and Sebastian Bugeja-Drinkell*

*Originally Published on January 5, 2023 | Updated on October 24, 2023*

The ongoing legal entanglement between sportswear powerhouse adidas and luxury icon Thom Browne continues to unfold, captivating both the fashion and legal communities. This intricate narrative centers around the contentious issue of stripe branding, a matter that has been under intense scrutiny since adidas filed a trademark infringement complaint against Thom Browne in June 2021.

The Jury Verdict

In a surprising turn of events on January 13, 2023, the jury ruled in favor of Thom Browne. The verdict asserted that the NY label’s use of stripes did not infringe upon adidas trademarks. This judicial triumph spared Thom Browne from the nearly $8 million in licensing fees and claimed profits sought by adidas. A spokesperson for Thom Browne expressed satisfaction, highlighting the brand’s influential two-decade journey in luxury fashion.

Adidas’s New Allegations

However, the narrative took a dramatic twist on October 24, 2023, when adidas presented new evidence. Allegations surfaced that Thom Browne had withheld crucial email chains, hinting at a likelihood of confusion between the company’s ‚four bar‘ design and Adidas’s three-stripe mark. These emails, exchanged among multiple Thom Browne executives from 2016 to 2019, delved into discussions about potential market confusion if the brand were to introduce sports-geared clothing featuring their distinct four-bar branding. This revelation prompted adidas to formally request a new trial, introducing a fresh layer of complexity into the case. The judge awaits Thom Browne’s response to this request.

Thom Browne’s Response

Anticipation builds within the fashion community as Thom Browne prepares to counter these fresh allegations by November 2. The forthcoming response aims to provide context to the emails and authenticate their contents, injecting renewed uncertainty into the legal proceedings.

The Initial Dispute

The legal skirmish between adidas and Thom Browne commenced with adidas filing a trademark infringement and dilution complaint in June 2021. Central to the dispute is Thom Browne’s incorporation of stripes, with adidas contending that the NY label benefits from a design „confusingly similar to adidas’ three-stripe mark.“

Thom Browne’s Argument

Thom Browne’s defense consistently maintains that their market sphere is distinct from adidas. They emphasize that their use of four parallel horizontal stripes, introduced in 2008, remains markedly different from adidas’s iconic three stripes. Their argument pivots on the assertion that „three stripes are not the same as four horizontal bars,“ as articulated by Thom Browne lawyer Robert Maldonado.

Seeking Damages

Despite Thom Browne’s argument, adidas remains resolute in its pursuit of $867,225 in licensing fees and an additional $7 million in claimed profits. The legal battle unveils the intricate layers of intellectual property disputes in the fashion industry, with both sides vehemently defending their positions.

The Legal Landscape

As this legal saga continues, it not only spotlights the clash between two prominent brands but also sheds light on the evolving legal landscape within the fashion industry. Intellectual property disputes have become increasingly complex as brands fiercely protect their designs, logos, and unique identifiers.

Industry Ramifications

The ripple effects of this lawsuit extend beyond the courtroom. Fashion designers, legal experts, and industry analysts closely observe how the outcome may shape future intellectual property claims. The delicate balance between artistic expression and protecting brand identity stands at the forefront of these discussions, with potential ramifications for designers seeking inspiration and innovation.

The Role of Precedent

As the legal battle progresses, the precedent set by this case could influence how similar disputes are resolved in the future. Designers may find themselves navigating a landscape where the lines between homage, inspiration, and infringement become increasingly blurred, necessitating a nuanced approach to intellectual property protection.

Global Implications

In an era of globalized markets and international collaborations, the outcome of this case could have implications far beyond the borders of the United States. The fashion industry, known for its cross-cultural exchanges and collaborative projects, may witness a reevaluation of how designers navigate the intricacies of intellectual property laws on a global scale.

Conclusion

The ongoing adidas vs Thom Browne stripe branding lawsuit continues to be a pivotal moment in the intersection of law and fashion. As the legal drama unfolds, it not only raises questions about the specificities of stripe designs but also sparks broader conversations about intellectual property protection in a rapidly evolving industry. Stay tuned for further updates on this multifaceted legal clash that transcends the boundaries of a traditional courtroom battle, influencing the future landscape of fashion and design.