Adidas: In a major setback, sportswear brand Adidas lost a trademark infringement lawsuit against American luxury fashion brand Thom Browne Inc. Adidas had contested Thom Browne’s four stripes and claimed it was too similar to its three stripes. Browne argued that consumers were unlikely to get confused as his brand had a distinct number of stripes. Adidas was planning to seek more than $7.8 million (Rs 63 crore) in damages.
The three stripes are a common feature in Adidas designs while Browne’s four horizontal, parallel stripes round the sleeve of a garment.
Underdog Vs. Powerful corporate
Browne was projected as the underdog going up against a powerful corporation. His legal team contended that the two brands catered to different markets.
Thom Browne produces high-end luxury clothing.
Browne first used a three-stripe pattern on a jacket in 2007. Adidas protested as it was too similar to their own. Browne then switched to a four-stripe pattern. Adidas did not contest that for years, but when Browne started attracting attention from 2018, the sportswear giant decided to contest.
Different markets
Thom Browne argued that confusion between the companies’ designs was unlikely because they “operate in different markets, serving different customers, and offer their products at strikingly different price points.”
According to the documents of the case, Adidas has filed more than 200 settlement agreements and engaged in more than 90 court battles in relation to its trademark since 2008.
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