The Battle of Stripes: Adidas Loses Case Against Thom Browne — Retail Bum

German sportswear adidas lost its copyright infringement lawsuit against Thom Browne for its use of parallel stripes after a Manhattan jury found that the design, which is used by both adidas and Thom Browne, is unlikely to confuse consumers.

The decision marks an end to a lawsuit that was filed by adidas in 2021, arguing that the designer’s use of its four-bar design and Grosgrain stripe patterns on shoes and activewear products infringed its trademarked three-stripe design.

Thom Browne argued that its designs do not carry the same number of stripes and its products are unlikely to confuse adidas customers as they operate in different markets, serve different customers, and offer products at strikingly different price points. In addition, stripes are a commonly used design element for making apparel.

The New York-based designer had also previously changed the number of stripes used on its clothing from three to four after adidas objected to it in 2007.

Adidas’ case against Thom Browne was the latest in a series of 90 lawsuits and 200 settlement agreements the company has filed to protect its three-stripe branding since 2008. The company was seeking $7.8 million in damages from Thom Browne, in addition to punitive damages and a share of Thom Browne’s infringing sales. It also wanted the court to stop Thom Browne from using the stripe design.

An adidas spokesperson noted that the company is disappointed with the jury’s decision but will continue vigilantly enforcing its intellectual property, including filing appropriate appeals.

Photo credit: Thom Browne / adidas

Originally published at https://retailbum.com on January 13, 2023.