It appears that adidas has taken Thom Browne to court for the use of a signature four bar. Adidas says that the usage has caused confusion for customers; it is a little too close to the Adidas signature three stripe.
I am not a lawyer, so I am curious how the arguments get tailored by each side. Based on the articles I have read, the Thom Brown side is going try and demonstrate that they tried to make revisions to appease Adidas, didn’t hear anything back, and then ran with the four stripes. Adidas is going to try and ride the stripe train as far as they can.
This coat is probably confusing. It does have similar styling to some of the team issue parkas I have seen from Adidas.
Growing up, we were keen to notice the number of stripes. Real Adidas had three stripes. The knockoff shoes from Payless had two or four stripes. These were fake Adidas. In that experience, someone serious about Adidas, who cared about having the authentic product wouldn’t be confused. They’d be turned off by it.
I also wonder what Adidas’s argument would be when it comes to the overall aesthetic of the Thom Browne brand. Maybe the coat was confusing, but this other stuff? I’m not so sure.
While Thom Browne refers to his brand as tailored sportswear, and Adidas has crossed into streetwear, I don’t see enough of a similarity. Do people really thing Adidas is making cardigans? For $6,000? Are people really going into a luxury store spending that kind of money and thinking they are getting Adidas? Would a mistaken link between the two benefit Thom Browne, as much as it would elevate the image of Adidas? Assuming this were happening at all?
Again as a non-lawyer, I want to see how all of this plays out. As of now Adidas is asking for $867,225 in damages and seeking recovery of what they determined to be $7,011,961 in profits the brand earned from selling four striped gear. I don’t think they’d be entitled to all that. If they have a real case and succeed in bringing their argument, hopefully the amount is reduced.
(All image credits to Thom Browne)
Sources consulted
Gereige, J. (n.d.) So, Adidas is sueing Thom Browne’s for using. stripes. Grazia Magazine. https://graziamagazine.com/me/articles/so-adidas-is-sueing-thom-brownes-for-using-stripes/
Holland, O. (January 5, 2023). Adidas takes fashion house Thom Browne to court over striped motif. CNN Style. https://edition.cnn.com/style/article/adidas-thom-browne-stripe-trademark-court-case
Palmieri. J. (January 9, 2023). Thom Browne testifies about his love of sports in Adidas trademark case. WWD. https://wwd.com/business-news/legal/thom-browne-testifies-adidas-trademark-stripes-1235463794/
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