Business
Adidas vs. Thom Browne: Dispute Over Stripe Designs Escalates
Thom Browne and German sports brand in new logo dispute – legal duel over trademark rights.
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Adidas is accused of threatening the creative freedom of fashion designers by attempting to establish a "monopoly" on clothing with stripes. This occurs in the context of a legal dispute in London with luxury brand Thom Browne.
The New York designer Thom Browne appeared before the High Court on Wednesday against the sportswear company, in the latest chapter of a lengthy global dispute over striped patterns on items such as hoodies and T-shirts.
Thom Browne, whose clothing features a four-stripe motif, sues Adidas to have the trademark rights of the Germany-based company, which protects its three-stripe logo, declared invalid.
Adidas countersues and claims that the provider of high-priced clothing, including form-fitting gray suits for men that are sometimes worn with shorts, has violated its trademark rights.
The lawyers for Adidas argued in court on Wednesday that there are "obvious" similarities between its logo - the brand's "iconic identification mark" - and the solid stripes of the US company.
Philip Roberts KC, who represents Thom Browne, however, said that Adidas had tried to monopolize an "abstract concept of three stripes." He added: "The scope of the monopoly claimed by Adidas threatens the fundamental freedom of fashion designers to design clothing as they envision.
Browne, 58, appeared in the courtroom in his signature suit and shorts, where a clothes rack with about two dozen garments was set up for the judge's examination. Browne is considered one of the most influential designers of the past two decades, and his clothing has been worn by stars such as basketball player LeBron James and the late David Bowie.
Thom Browne, which was founded in 2001 with a small store in New York's West Village, originally used a three-stripe motif on its garments. The company, now part of the Italian Ermenegildo Zegna Group, stated that it had agreed to add a fourth stripe after a complaint from Adidas in 2007.
Adidas opposed several Thom Browne trademark applications in the EU, UK, and US in 2018 and filed a lawsuit against the company in the US in 2021. A New York jury ruled in favor of Thom Browne last year.
Roberts stated in his written remarks that no other company "should be faced with the difficult choice of either giving in or spending millions of pounds on their defense," as was the case with Thom Browne. "Despite the millions that Adidas has spent on both sides of the Atlantic, no evidence of consumer confusion or deception has come to light," he added.
Roberts emphasized that Thom Browne's fabrics and tailoring were of a "different order" than Adidas' mass-market products, although the judge, Mrs. Justice Joanna Smith, questioned the relevance of quality in this trademark dispute.
Charlotte May KC, who represents Adidas, argued in writing that there is evidence from some members of the public "who have come to believe that Adidas is either behind or endorses products with Thom Browne's mark." She added that the "turning point" for Adidas came in 2020, when Thom Browne launched a line of sportswear that "strikes at the heart" of its business.