The Thom Browne Versus adidas Legal Battle Could Spark Up Again
via Thom Browne
This story was originally published on January 5, 2023.
Update October 24, 2023: Following the conclusion of the court case back in January, adidas are convinced they've found evidence that may be cause for a new trial. Court papers were files in the US District Court stating that Thom Browne 'improperly withheld several e-mail chains in which Thom Browne admits to the ultimate liability issue in this case — a likelihood of confusion between the company’s ‘four bar’ design and Adidas’s three-stripe mark'. These emails dated between 2016 and 2019 and are between multiple executives at Thom Browne who discuss confusion within the market if they created sports-geared clothes with their four bar branding. adidas have requested a new trial; however, the judge has not yet responded to Team Trefoil request. Thom Browne will provide a response to the courts by November 2. Stay locked for updates.
Update January 13, 2023: The court case between Thom Browne and adidas over the latter’s stripe branding has concluded. The jury ruled that Thom Browne’s usage of stripes does not infringe on adidas trademarks, and therefore the NY label is not liable for the nearly $8 million adidas were seeking.
‘We are pleased that the jury found that at no time did Thom Browne Inc. infringe on any of adidas’ trademarks. For over 20 years now, Thom Browne has been a pioneering force in luxury fashion, bringing a wholly unique and distinctive design aesthetic that combines classic tailoring with American sportswear sensibilities. We look forward to continuing to design and provide the creative products that have become the hallmark of the Thom Browne label,’ said a spokesperson in a statement supplied to .
German sportswear giant have taken NY label Thom Browne to court over the latter’s use of stripe branding, something the former have been associated with for decades. They are seeking nearly $8 million in licensing fees and claimed profits.
As reported by , adidas filed a trademark infringement and dilution against Thom Browne back in June 2021, with proceedings ongoing. The former alleges that the latter is benefiting from ‘selling athletic-style apparel and footwear featuring two, three or four parallel stripes in a manner that is confusingly similar to adidas’ three-stripe mark’.
Various Thom Browne garments have featured four parallel horizontal stripes since 2008, having previously used three. The label’s then-CEO made the change after being approached by adidas. Lawyers for the brand argue that it operates in a different market to adidas.
Despite this, adidas are seeking $867,225 in licensing fees and $7 million in claimed profits that Thom Browne have generated from continued usage of their four-stripe branding.
‘Three stripes are not the same as four horizontal bars,’ said Thom Browne lawyer Robert Maldonado. ‘[adidas] fell asleep at the wheel and woke up too late.’
The dispute continues in the courts, with testimonies from Thom Browne himself and company CEO Rodrigo Bazan expected to come.