Adidas and fashion house Thom Browne are set to clash in court in New York after the sports giant claimed the use of slats on its clothing infringes Adidas’ “Three Stripes” trademark.
The jury trial, which began in Manhattan’s Southern District Court on Tuesday, follows a 2021 lawsuit in which Adidas claimed that Thom Browne’s striped activewear was “mimicking” its decades-old brand.
American designer Thom Browne founded his eponymous label in 2001 and is the newly appointed chairman of the Council of Fashion Designers of America.
Browne, who arrived on court in one of his signature four-bar socks, originally had a three-bar debut around 2005, called the “Three-Bar Signature”. According to court documents, his fashion label agreed to stop using the motif after Adidas contacted the label’s then-CEO two years later.
Fashion designer Thom Browne arrives in court on January 3 wearing some of his brand’s signature four-stripe socks. Credit: Michael M. Santiago/Getty
In 2008, designer Browne introduced his controversial “Four-Bar Signature”, a series of four bars that appeared on items from jackets to ties as well as activewear. Adidas also disputes the use of Thom Browne’s “Grosgrain Signature,” a red, white and blue design that the sportswear brand says consists of three stripes, while Thom Browne says it contains five, describing it as “white -red-white-blue. -white,” in court documents.
Adidas has used the three stripes since 1949, when German founder Adolf Dassler placed them on a pair of spiked running shoes. In its filing, the company argued that the use of Thom Browne’s striped motifs on activewear is “likely to confuse consumers and deceive the public.”
The model is wearing a design from Thom Browne’s spring-summer 2023 collection, which debuted in Paris last October. Credit: Peter White/Getty
Lawyers representing Thom Browne, meanwhile, argued that Adidas had applied an unreasonable delay in pursuing its claims. Court documents say the “Four-Bar Signature” products were first sold in 2009 and have been displayed on activewear at the fashion brand’s New York flagship since 2010.
The sports giant says it only became aware of the alleged infringement in early 2018, when Thom Browne applied for the “Grosgrain Signature” trademark (often referred to as Signature Grosgrain on the brand’s website) in Europe. Adidas’ lawyers argue that the company had no obligation to monitor Thom Browne’s production and did not initially consider the brand a direct competitor.
Court documents show the parties have tried unsuccessfully to settle out of court.