Thom Browne has won the latest round of the multinational legal dispute with Adidas over striped trademarks.
The High Court of England and Wales, located in London, on Friday dismissed Adidas‘ claims of trademark infringement. In July, Adidas sought to remove Thom Browne’s range of products comprising its signature four-bar motif from the U.K. market, contending it would confuse consumers.
Judge Joanna Smith said, “The average, reasonably observant, consumer paying a moderate degree of attention will generally perceive the difference between three stripes and four.
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“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 will not be able to tell the difference between three and four stripes,” Smith continued.
The court also found that eight of the Adidas trademarks asserted against Thom Browne failed to satisfy the absolute statutory requirements for clarity and precision, rendering them invalid.
Jeremy Hertzog, lead partner in the case from law firm Mishcon de Reya, said the case holds important implications for the scope of trademark registrations, in particular the emerging doctrine known as “position marks” — and appreciation of the distinct niches 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 added.
“David has prevailed over Goliath,” commented Thom Browne on the ruling.
The American designer said the judgment in the U.K. case with Adidas is “so significant to me because I see this as a triumph for designers around the world. 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.”
Rodrigo Bazan, chief executive officer of Thom Browne, who testified for hours in court during the summer, said the brand is pleased with the judgment.
“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,” Bazan said.
The executive believes the ruling further reinforces the previous judgments in U.S. federal court and in Germany, and at 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.
The London ruling came at a time when Adidas has suffered multiple setbacks in Europe and the U.S. in its legal actions against Browne.
At the beginning of this year, the Opposition Division of the European Union Intellectual Property Office, which is based in Spain, rejected Adidas’ efforts to block Thom Browne from registering the brand’s multistriped grosgrain ribbon in the EU.
In May, the U.S. Court of Appeals for the Second Circuit said it would not overturn the jury verdict reached in January 2023 that found Browne’s use of four stripes and its grosgrain ribbon did not infringe upon Adidas’ three-stripe trademark.
Shortly after, word came down that Judge Jed Rakoff, who had presided over the original lawsuit in the Southern District of New York, ruled that Adidas’ motion for a new trial was denied.
In September, the District Court of Nuremberg-Fürth dismissed Adidas’ case, ruling that the claims of trademark infringement and unfair competition were unfounded, and concluding that the differences between the two logos were significant enough to prevent consumer confusion.
The original case saw Adidas America and Adidas AG sue Browne for using four stripes on some of the American designer’s active-inspired merchandise, alleging it created confusion with the sports brand.
The athletic giant had sought $867,225 in damages — the amount that Thom Browne Inc. would have paid in licensing fees had they worked together officially. In addition, Adidas had sought $7 million in profits — the amount the company alleged that the designer earned from selling four-striped apparel and footwear.
Adidas has been using its three-stripe bar in the U.S. since the 1950s. The athletic brand spends $300 million a year advertising the stripes, and products sporting the mark account for $3.1 billion in annual sales.
