In what is probably one of the toughest trademark battles in the fashion industry, Adidas is attempting to legally protect its stripes. The company argues that Thom Browne’s four stripes are too similar to his own three-stripe logo.
The sporting goods company and the New York-based luxury brand, now part of Zegna, have been at odds for years over the use of stripes. This time, Adidas is suing for $867,225 in damages and $7 million in lost sales.
Adidas stated in its complaint that its logo was a recognizable “indicator of the origin of Adidas merchandise” and existed “long before Thom Browne began to distribute, market, advertise, offer for sale, or sell a similar motif.” Adidas argues that Thom Browne’s brand “mimics its three-stripe mark in a manner likely to cause confusion among consumers and mislead the public as to origin, sponsorship, association or affiliation.” which in turn “the Adidas brand and its extremely valuable [Markenzeichen] irreparably damaged”.
In the court’s opening remarks, Adidas’ legal counsel argued that Thom Browne “deliberately incorporated striped trademarks into his designs to draw more attention to his sportswear category.”
Adidas Reports Logo Product Sales Over $3 Billion
Adidas pointed out that the stripes have been used in the US market since 1952 and that the company has an advertising budget of US$300 million (EUR 279.49 million) a year. The brand stripes have propelled the company into a billion-dollar business, with sales of its logo products amounting to $3.1 billion.
Adidas first filed a trademark infringement lawsuit against Thom Browne in June 2021, despite the company having been using a four-stripe motif since 2007, which is said to be a hallmark of the brand’s chic tailoring and sporty lines.
“Three stripes is not the same as four horizontal bars,” said Thom Browne attorney Robert Maldonado. “[Adidas] fell asleep at the wheel and woke up too late,” reports WWD. According to Thom Browne’s legal team, Adidas has “approved” Browne’s use of the stripes and even suggested using four stripes instead of three.
The court decision will resonate across the industry as fashion insiders say there is little overlap between Adidas sporting goods and Thom Browne’s high-end apparel. Claims that customers could go wrong between an $80 Adidas track jacket and a $900 Thom Browne track jacket probably won’t stand, but the notion that Thom Browne’s store is after almost two decades could be undone would be very controversial.
This translated article originally appeared on FashionUnited.uk.