One of the Many Disputes Over the Brand's Three Stripe Motif.
On Tuesday 3rd January 2023, Adidas and Thom Browne appeared in Manhattan’s Southern District Court as the German sportswear brand declared that Thom Browne were creating “customer confusion” by using renditions of their iconic three stripes trademark.
This case dates back to June 2021 when Adidas filed a trademark infringement and dilution complaint due to Thom Browne “selling athletic-style apparel and footwear featuring two, three or four parallel stripes in a manner that is confusingly similar to Adidas’s three-stripe mark.” Adidas believes that the luxury house is taking advantage of the “widespread fame and tremendous public recognition” and “extremely valuable goodwill” that the sportswear brand has built through decades of marketing and production. This is now being seen as a problem as Adidas feels as though Thom Browne is “irreparably harming Adidas brand and its extremely valuable [mark]” through the use of the stripes. As a result, the sportswear corporation is seeking $867,225 USD in damages as part of licensing fees and a further $7 Million USD in profits that the luxury label is believed to have made from products that feature the stripe detailing.
Thom Browne’s rebuttal referenced the agreement the two brands struck in 2007 as the menswear brand agreed to alter its signature motif to four stripes in order to avoid said confusion. Browne’s attorney Robert T. Maldonado adds that the brand believes that this confusion should not have harmed Adidas, stating that Thom Browne had started making athletic-style apparel in the form of jersey sweatpants since 2009 which referenced varsity style and not the German sportswear brand. He goes on to say that the two brands appeal to two separate demographics, saying “Thom Browne does not compete with Adidas.” If the luxury label were to stop producing pieces with its four-stripe trademark, it would see a significant impact on sales that would reach the region of $73 Million USD per quarter.
The trial is set to go on for a further two weeks, stay tuned for more.
PHOTO CREDIT: THOM BROWNE
