A U.K. Court Refuted Adidas’ Allegations of Trademark Infringement Agains the Designer
Thom Browne has emerged successful in the latest phase of a global legal spat with Adidas, this time over striped trademarks. The High Court of England and Wales, in London, on Friday refuted Adidas’s allegations of trademark infringement. Adidas, in July, made an unsuccessful attempt to sideline Thom Browne’s product line, salient for its four-bar symbol, from the U.K. marketplace, with the argument that it could lead to consumer confusion.
Judge Joanna Smith stated, “The average, reasonably observant, consumer paying a moderate degree of attention will generally perceive the difference between three stripes and four. If he or she were to be given six seconds [as Adidas suggests], then I have no doubt that he or she would have no difficulty whatsoever in perceiving that difference. Thus, I reject the submission from Adidas that the average consumer can’t differentiate three and four stripes.”
Additionally, the court ruled that eight out of the Adidas trademarks contended against Thom Browne fell short of fulfilling the absolute legal prerequisites for clarity and precision, thereby deeming them invalid.
Jeremy Hertzog, from law firm Mishcon de Reya and lead partner in the case, highlighted that this court case carries significant implications for the breadth of trademark registrations, especially in regard to the nascent ‘position marks’ concept and recognition of the unique arenas occupied by brands in the fashion sector. “This judgment, following the successful defense by our client of related proceedings around the world, is a significant milestone in a dispute that has been long running,” Hertzog affirmed.
“David has prevailed over Goliath,” Thom Browne said, pleased with the ruling. The American designer holds that the judgment in the U.K. case with Adidas is of great importance, viewing it as a triumph for designers globally. “I am proud to create a precedent that protects their ability to develop their own signatures and tell their own creative stories in a way that are true to their vision,” he said.
Rodrigo Bazan, the CEO of Thom Browne, spent many hours testifying in court in summer and said the brand is happy with the judgment. He said, “We always believed that Thom Browne has unique designs and an individual brand, and we passionately respect it. Although it has been a very tough period to defend in various jurisdictions, we are very pleased with this latest judgment in the High Court of London.” He feels the ruling further corroborates the previous judgments in U.S. federal court and in Germany, and on the European level. “This proves that doing the right thing, having an uncompromising view on design and quality, and to defend vigorously our trademarks is respected globally,” he added.
This London ruling comes in the wake of a series of legal roadblocks for Adidas in Europe and the U.S. in its lawsuits against Browne. Early this year, the Opposition Division of the European Union Intellectual Property Office, based in Spain, declined Adidas’ efforts to obstruct Thom Browne from trademarking the brand’s multi-striped grosgrain ribbon in the EU. Moreover, in May the U.S. Court of Appeals for the Second Circuit ruled that it would not overturn the jury verdict reached in January 2023, asserting Browne’s use of four stripes and its grosgrain ribbon as not infringing upon Adidas’ three-stripes trademark.
Soon after, it was reported that Judge Jed Rakoff, who had presided over the original lawsuit in the Southern District of New York, turned down Adidas’ motion for a new trial. In September, the District Court of Nuremberg-Fürth dismissed Adidas’ case, concluding that the differences between the two logos were significant enough to prevent consumer confusion and that claims of trademark infringement and unfair competition were baseless.
The initial case witnessed Adidas America and Adidas AG suing Browne for the application of four stripes on some of his athletic-inspired merchandise that allegedly instigated confusion with the sports brand. Adidas had sought $867,225 in damages, equivalent to what Thom Browne Inc. would have paid in licensing fees had they collaborated officially. Further, Adidas had sought $7 million in profits, alleging that the designer earned this from selling four-striped apparel and footwear.
Adidas has been leveraging its three-stripe bar in the U.S. since the 1950s. The athletic brand invests $300 million a year on promoting the stripes, and products bearing the mark account for $3.1 billion in annual sales.