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Sportswear firm Adidas has lost a lawsuit against Thom Browne, designer of the luxury clothing brand of the same name. Adidas had attempted legal action to prevent Browne from using a motif made up of four parallel stripes for his clothing, indicated as too similar to the famous three stripes of Adidas: The company had asked Browne for $7.8 million in damages.
Browne had argued that customers were unlikely to confuse the two brands, for various reasons, including the number of stripes in its design: four instead of three. A New York court jury agreed.
A model at an Adidas collection presentation in 2018 (Tristan Fewings/Getty Images for adidas)
Adidas’ use of the three stripes dates back to 1952 when the founder of the company Adolf Dassler took over the design from the Finnish company Karhu. Since then Adidas has used the Three Stripes on everything from tracksuits to T-shirts to jackets to shoes.
When appearing on Browne’s clothing, however, the stripes almost always form a series of parallel and encircling rings a sleeve of blazers or sweatshirts, a trouser leg or the top of a sock. Browne himself frequently wears the four striped sock in public, including during court hearings.
Browne in New York with a four-stripe sock (Michael M. Santiago/Getty Images)
Browne’s lawyers have underlined, among other things, that sportswear is not at the center of the production of his fashion house, and that his collections are, moreover, aimed at a restricted clientele with large financial resources; Adidas instead produces for the mass market, with much lower prices.
Although the Adidas lawsuit began in 2021, the clash over the stripes between the company and Browne dates back much earlier. In fact, in 2007 Browne had produced a jacket with a three-stripe motif. Adidas had called the design too similar to its own products and Browne had modified it by adding a stripe.
An Adidas representative said the company was disappointed by the ruling but would continue to ensure that its intellectual property is respected; he also hinted at the possibility of an appeal being filed.
– Read also: The city divided between Puma and Adidas
